Additional Supporting Information from Objectors

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ADDITIONAL SUPPORTING INFORMATION FROM OBJECTORS

BRIXTON SPD Adopted June 2013 Coproduction: a summary of the messages that emerged from workshops and market stall events during June, July and August 2012.

PEOPLE LOVE BRIXTON – celebrate the very special things Brixton already has

SUPPORTING A DIVERSE ECONOMY – support local employment through a range of business types and sizes, with specific support for start ups and independents

IMPORTANCE OF SOCIAL INFRASTRUCTURE – improve local environments and open spaces, ensure quality leisure and cultural facilities, support local schools

PROVIDING HOMES FOR ALL – provide for local housing need, balance of social housing and private units

IMPROVING ACCESS AND CONNECTIONS – enhance existing connections, address barriers and improving parking and cycling

RESPECTING LOCAL CHARACTER – creating a great place to live, protecting Brixton’s built heritage, bringing upper floors back into use

KEEPING IT SAFE – simple measures, comfortable environments, a range of activities for all ages

SUSTAINABLE BRIXTON – promoting One Planet Living principles, supporting local initiatives and delivering economic, social and environmental sustainability

USE EVERY SPACE – ensuring land and buildings are used efficiently, bringing under used upper floors back into active use

MAKING IT HAPPEN – balancing the needs of existing and new residents and using Council-owned assets to support opportunities Csontent

1 Introduction and context 1 4 Area strategies 37 1.1 Introduction and Vision 1 4.1 Introduction 37 1.2 Purpose of this document 2 4.2 Brixton Central area strategy 38 1.3 Future Brixton programme 3 4.3 Brixton East / Somerleyton Road area strategy 42 1.4 The Cooperative Council 3 4.4 SW2 Enterprise Centre and surrounding area 1.5 Principles 4 strategy 45 4.5 Brixton Road / 'High Street' area strategy 48 2 Brixton Today 7 5 Working together to deliver 51 2.1 What makes Brixton? 7 2.2 Understanding Brixton 7 5.1 A development opportunity and regeneration pr 52 2.3 Headline findings 8 ogramme 2.4 Key townscape issues 9 5.2 Key principles for partnership working 56 2.5 Key sites 11 5.3 Brixton's townscape heritage 57 2.6 Other sites 11 5.4 Contributions from developers 57 2.7 Conservation and heritage assets 12 5.5 Delivery mechanisms 58

3 Brixton-wide strategies 15 3.1 Realising the vision 15 3.2 Overarching town-wide framework 17 3.3 Economic strategy 18 3.4 Public realm and cycling strategy 27 3.5 Transport and movement strategy 30 3.6 Energy, water and waste strategy 32 3.7 Land use strategy 35 "The culture and heritage of Brixton is its emblem, a single unique characteristic that is as identifiable to Brixton's community as it is to those who visit it from outside" Future Brixton Masterplan 2009

4 1 Introduction and context

1.1 INTRODUCTION and vision

Brixton is a unique place with an exciting, vibrant Vision statement and diverse town centre and a growing entertainment and visitor economy, which is now established as one Brixton will be proud of its history, comfortable of London's highest profile cultural destinations, and with its present and ambitious for its future. It is of particular significance to the British African- will reject the ordinary, the lower quality and Caribbean community standard forms of new development.

The Future Brixton Masterplan was completed in 2009 Brixton will be a thriving town centre that meets and provides a comprehensive development strategy the aspirations of all its inhabitants, providing a for the town, as well as detailed guidance on a number wide range of high quality and affordable housing, of key potential developments across the centre. This access to a mix of retail and leisure facilities, high Supplementary Planning Document (SPD) builds on quality public realm, and open space. Its rich cultural the masterplan. diversity and heritage will drive the expansion of the arts and creative industries. The re-energising of The masterplan was based on the following vision for its cultural spaces, attractions, business space, and Brixton: markets together will transform Brixton into an iconic destination that is welcoming and safe for all. Brixton will prosper economically for the benefit of its local community.

•• Brixton will manage its own destiny – be proactive, not reactive. •• Brixton will use its built and cultural heritage to maintain its position as an iconic visitor destination within London. •• Brixton will have a vibrant, living heart, with first class spaces and places. •• Brixton will educate and train its people and enable them to deliver a unique and lasting legacy

The regeneration of the town centre will set the standard for sustainable development, while strengthening the local economy and providing equal opportunities for employment, education and training. (From Visioning Framework 2008)

1 1.2 PURPOSE of this document

The main purpose of the Brixton SPD is to provide N supplementary guidance to Lambeth Core Strategy Policy PN3 Brixton, as well as wider relevant national, regional and local employment, housing, design and sustainable construction policies. These include Core Strategy Policies S1, S2, S3, S4, S5, S6, S7, S8, S9 and S10, and Saved Policies 4, MDO 5 and MDO 10.

oad The Brixton SPD also provides the opportunity to tion r sta Brixton reflect on and, where appropriate, review some of the A TLA NTI guidance outlined in the Future Brixton Masterplan;

ad C o R R o ad and to inform the policy approach in the emerging Lambeth Local Plan.

Brixton ne a s our L o arb ldh m The Brixton SPD provides a series of interrelated Co er l eyton ro strategies for the town centre, including: ne la re ac ad •• Public realm and townscape; •• Transport and movement; •• Energy, water and waste; •• Land use; •• Economic; and •• Specific areas of investment.

ll The SPD area covers the whole of Brixton town centre

Brixton hi and extends to include the Moorlands Estate, the Guinness Trust Loughborough Estate and Railton Road. This extension reflects the desire to enhance connections to these residential areas and reduce the

SPD boundary isolation which local people have identified as an issue for these estates.

Major centre boundary

2 1 introduction and context

1.3 Future Brixton Programme

The Council's strategy is intended to achieve corporate and regenerative priorities through utilising its own assets. The Future Brixton programme is aligned to Council-led major land use change and intensification in the Pope’s Road, Somerleyton Road and SW2 areas.

1.4 The cooperative Council

In line with the Council’s commitment to being a Cooperative Council, the SPD has been coproduced with local people and stakeholders. A review of the process of engagement is outlined in a separate Brixton SPD Consultation Report which accompanies this SPD document.

The Ritzy

BRIXTON SPD May 2013 3 1.5 Principles

In March 2012 the Council agreed a series of e Making Brixton more accessible principles for the future of Brixton. The principles have Brixton will be easier and safer to get around for both been reviewed as a result of the coproduction process residents and visitors. There will be an emphasis on and strengthened to balance change with the need to enhancing the walking and cycling environment and protect local character. promoting the use of public transport.

The principles have driven the SPD's production and, f Delivering a high quality, safe and accessible alongside the vision, shaped the resulting framework. town centre environment Investment will improve the environmental quality of a Opportunities for investment the town centre and make streets more friendly, busy New housing, employment, retail, social, leisure and safe. and community uses will enhance the vitality and long-term viability of Brixton, strengthening g Delivering improved community, leisure and neighbourhoods and supporting diversity. cultural facilities Opportunities will be explored to improve leisure and b Promoting employment and business community facilities, which are beacons for culture opportunities and sport and where all ages can come together and Opportunities to increase the range and quality of access a range of opportunities. Increasing local employment in the town centre will be pursued and school capacity is also important in meeting the will directly benefit the existing community through a infrastructure needs of a growing population. range of initiatives including training, apprenticeships and job brokerage. h Making the most of cultural attractions and creative energy c Supporting sustainable communities Ongoing investment will protect and improve Brixton's Improvements in living conditions, quality of life and high profile venues and cultural attractions, including environmental standards will be delivered through the markets, and enhance its unique and world refurbishing and redeveloping key sites, building new famous profile. homes to meet local need, rebalancing the range and mix of housing types and tenures, increasing local i Providing a wider variety of shops and stalls school capacity and refreshing key streets and spaces. The SPD will protect and enhance the street and covered markets and, by identifying key development d Enhancing Brixton’s historic environment sites, protect and improve the quality of key shopping The town's existing historic environment and streets in the town centre. landmark buildings will be enhanced through quality buildings and spaces, and through bringing empty properties back into use. Brixton town centre

4 1 introduction and context

j Supporting and promoting One Planet Living (OPL) principles The OPL principles, including energy efficiency, waste minimization and reducing the need to travel, will be promoted.

k Supporting a cooperative Brixton The Future Brixton SPD has been prepared in the spirit of Lambeth’s ambitions to be an exemplar cooperative Council. The regeneration of Brixton will enable local people to coproduce future solutions and Scope exists to provide a wider variety of The One Planet Living framework provides a encourage local investment in improving Brixton's shops and stalls guiding set of principles for development environment

l Providing a framework with a focus on delivery The SPD provides greater certainty and will encourage investment in a number of key development opportunity areas. Working in partnership with key stakeholders, the SPD provides a delivery focussed phased framework of investment and improvement for the town centre.

m Maximising local benefits A fundamental principle underpinning the town- Cooperative working enables development to The Black Cultural Archives: an emerging proactively respond to local opinion cultural attraction and local employer wide framework is to ensure the benefits of individual developments support wider town centre improvements, to ensure everyone benefits from investment. The intention is that this framework can robustly steer Brixton’s regeneration so that it primarily benefits local residents and local enterprise.

BRIXTON SPd May 2013 5 "Whatever regeneration goes forward needs to keep the local character and local businesses – don’t make it just another clean and tidy town centre" Local resident

6 2on Brixt today

2.1 What makes Brixton?

Brixton’s residents and visitors alike recognise and value the town centre’s diversity. This diversity is manifested in many different ways, most notably through its markets, its cultural attractions and creativity, its built heritage and its communities. These qualities are highly prized and provide the foundation for Brixton as a welcoming, liveable and sustainable town centre.

2.2 Understanding brixton

To help understand Brixton, a separate baseline report has been prepared to support this SPD. It provides analysis in relation to:

•• Built heritage; •• Local economy; •• Census data; •• Open space; •• Movement and pedestrian routes; •• Urban structure; •• Supportive infrastructure; and •• Education provision.

The baseline report also provides an overview of "Diversity is what gives Brixton Brixton's local, regional and national planning policy. heart and identity. There isn't just a single culture in Brixton - we're all different" Workshop attendee

7 2.3 HEADLINE Findings

The analysis contained in the baseline report sets out key findings. In summary, it can be said that Brixton has a range of both positive and negative features.

Positives •• A range of historic and locally distinctive indoor and street markets; •• A strong base of independent traders; •• A range of supporting leisure and evening uses; •• A bustling night time economy; •• A creative and cultural offer that acts as a major visitor attraction; •• A rich history and diverse range of communities, including a large African-Caribbean population; •• A growing population, which boosts footfall and demand; •• An historic town centre environment with many historic buildings and other heritage assets; and •• Exceptionally good accessibility by public transport.

Challenges •• The need for local streets to be safe for all, including pedestrians and cyclists, to use throughout the day and night; •• Pressured education resources, in particular the need for additional primary school places; •• High private house prices and a predominance of socially rented housing; •• A shortage of public open and play space, and an under use of the spaces that are available locally; •• A lack of east-west connections, and poorly connected peripheral residential areas, with coarse grain blocks; •• Inadequate cycling facilities, including a lack of routes and parking spaces; and •• A relatively limited number of town centre car parking spaces. Brixton town centre's townscape features

8 2 BRixton today

2.4 Key townscape Issues

In terms of understanding how new developments in Brixton can help to bring wider environmental N improvements to the town centre, it is important to understand the main townscape issues in more detail.

Overall, Brixton benefits from a high quality historic townscape including a number of key landmark and listed buildings in prominent positions that contribute significantly to the town’s character. This townscape setting supports its thriving markets and a strong ad tion ro sta independent retail sector together with a strong Brixton cultural and visitor economy. A A TL ad NTI

R C R o ad However, there are a number of issues that could potentially be addressed through the delivery of the

Brixton ne a s our L o proposals contained within this SPD, namely: arb ldh m Co er l eyton ro

ne • Improving links between the different parts of la • re ac the centre and reducing the impact of the railway ad viaducts; •• Improving the quality of key approach streets including Coldharbour Lane and Brixton Station Road; •• Making the Moorlands Estate more accessible and better connected to its surroundings, and ll improving connections within the estate itself; •• Improving the walking and cycling environment Brixton hi in the core town centre and in particular the Central streets with good quality connections between the Underground and railway historic townscape stations; and Approach corridors with more •• Attracting more activity in, and use of, the mixed townscape qualities Peace Gardens in St Matthew’s Churchyard and Housing areas not currently well integrated into surrounding strengthening the role played by this important landscape historic space in the town.

BRIXTON SPd May 2013 9 N

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10 2 BRixton today

2.5 KEY sites 2.6 Other sites

Coordinated investment in key sites will be vitally The Brixton Conservation Area Statement (2012) important in helping to bring about change. It is identifies a range of small scale opportunity sites envisaged that a number of sites will become available within the conservation area which could come for new development in the foreseeable future, forward. These include: including: •• Tesco Supermarket, 13 Acre Lane - potential for •• Temporary Ice Rink site (site 3) – owned by mixed use retail / residential / employment; the Council and which will become available •• Car park to rear of 337/355 Brixton Road - potential for development following the opening of the for mews type development on redundant car park; Streatham Leisure Centre; •• 369-375 Brixton Road - redevelopment opportunity •• Land between the railway viaducts east of Pope’s with potential for additional storeys; Road (site 5) – privately owned and with active •• 383-391 Brixton Road - potential for a leases but considered under-used and a major comprehensive redevelopment of 4 storeys; opportunity; •• 395-397 Brixton Road - potential for a •• Sites along the west side of Somerleyton Road (site comprehensive redevelopment of 4 storeys; 6) – mixed ownership including Council-owned •• 407-409 Brixton Road - potential for a sympathetic land. This is considered under used; roof addition; •• Land in the Town Hall area (site 1) – •• Rear of Marks & Spencer, 446-450 Brixton Road predominantly Council-owned and already - potential for the replacement of existing single- identified as a location for mixed use development; storey building to the same height as the frontage •• International House (site 2) – owned by the Council building; and part of the SW2 Enterprise Centre initiative; •• 449 & 451 Brixton Road - these buildings would and be able to accommodate an additional storey of •• Brixton Railway Station site (site 4) – would accommodation; benefit from a major redevelopment scheme. •• 9-15 Electric Avenue - potential for the redevelopment of the existing buildings; The key sites are described in more detail in Section 4 •• London Underground Vent Shaft, Electric Area Strategies. Lane (eastern side) - potential for small scale employment / retail uses, alongside current One of the key opportunities in Brixton is the degree operational use; and to which the Council itself can kick start regeneration •• Bon Marché Yard, Ferndale Road / Nursery Road - of the town centre. Underpinning the Future potential for B1 class business uses, incorporating Brixton programme, and its aspiration to deliver railway arches. transformational change for Brixton, is the significant Council land ownership in the centre. The Council will consider any such proposals on their merits.

BRIXTON SPd May 2013 11 2.7 CONSERVATION and Heritage assets

Large parts of Brixton town centre are protected by The scheme would operate from 2015 and the main the Brixton conservation area, and part of the eastern project objectives would be to: end of the SPD area falls within the Loughborough Park conservation area. The SPD area also adjoins the •• Bring back into use empty residential and commercial Trinity Gardens and Brixton Road conservation areas. premises; and •• Reinstate lost architectural features such as shop The area is characterised by mostly 19th and early fronts, signage, window and other historic detailing to 20th Century commercial and public buildings, the improve the historic environment. covered and street markets, and the elevated railway line viaducts. An important part of the scheme would be to involve the local community, by engaging residents and Of the area’s 22 statutory listed buildings, 19 are businesses in the historic and cultural environment. Grade II listed and 3 (the O2 Academy and St Matthew’s Church and its Budd Mausoleum) are Given the area's strong historic character and the Grade II*. A range of locally listed buildings were number of historic assets, it will be important for designated in March 2010 with some additional hertiage-led improvements to be explored, especially buildings added in 2012. in the context of the Townscape Heritage Initiative bid. All development that takes place within the SPD area should consider any likely impact on the historic environment and enhance the setting and appearance of individual or groups of heritage assets, both within and adjoining the area.

2.7.1 Townscape Heritage Initiative The Council is currently at an advanced stage of securing finance for a Townscape Heritage Initiative through the Heritage Lottery Fund.

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SPD area boundary

Conservation areas

BRIXTON SPd May 2013 13 14 3 BRIXTON-wide strategies

3.1 REALISING the Vision

The overarching town-wide framework and strategies flow from the Brixton vision statement and the guiding principles, set out in the introduction.

The framework and strategies are aimed at coordinating Brixton's development and investment so that all members of the community benefit from change. In particular, the SPD promotes positive "Brixton does not need levelling and change through investment that encourages growth rebuilding from scratch...it does need and leads to new opportunities and jobs for local targeted inward investment." people. Brixton Society

"One of the emerging challenges for Brixton is how to manage the tension between gentrification like Brixton village and the social challenges in the area." Workshop attendee

"The market makes Brixton." Local shopper

15 N

The town-wide framework for Brixton

16 3 brixton -wide strategies

3.2 Overarching town-wide framework

This plan captures the key components of the strategy •• Attracting investment to the Somerleyton Road for the future of Brixton which is then further explored and Coldharbour Lane area where there is and articulated in sub-strategies below. significant potential for new mixed use residential, employment and cultural development along In supplementing the policy guidelines contained Somerleyton Road. under Lambeth Core Strategy Policy PN3, the overarching town-wide framework for Brixton has the •• Attracting investment to the SW2 Enterprise following key components: Centre and surrounding area, which will include the creation of new flexible business floorspace and •• Maintaining and strengthening the core high an improved public realm with scope for additional street retail environment along Brixton Road; residential development. Redevelopment in this area should take care to improve the environmental •• Maintaining and improving Brixton's historic quality of the Porden Road area for the benefit of markets; existing residents.

•• Improving the environment along key supporting streets, particularly where they currently act as an important but poor quality gateway to the "It is still possible to get a watch repaired, town. These areas include the eastern end of Coldharbour Lane and the eastern end of Brixton get real bread, get original artwork from the Station Road. maker, and try out the competition for the best, cheapest, and most authentic Italian •• Improving the links across the town and reducing pizza in London. It is that diversity which the severance impact of the train routes that traverse the town. Particular priorities in this builds the commercial foot print. But it does regard include connections to the Pope’s Road area need to be as complete as possible, and either side of the railway station and Somerleyton here Brixton is in sharp competition with Passage. neighbouring high streets." •• Attracting investment to the Brixton Central Workshop attendee investment area which will be anchored by the redevelopment of the temporary ice rink site for a mix of higher density uses.

BRIXTON SPd May 2013 17 3.3 Economic strategy

3.3.1 Economic vision 3.3.3 Interventions to support growth within Brixton Brixton will consolidate its role as one of London’s Lambeth Council has identified economic growth most distinctive town centres, realising the economic as one of its key priorities for the next decade, it "We need more facilities to value of each of its unique selling points. A buoyant is important that development supports a mix of support new business start- retail and cultural offer will generate employment for projects (be they physical or otherwise) to help deliver ups." local people whilst new visitors will be attracted to sustainable and inclusive growth within the local the area’s facilities. New business space will allow economy. Local resident businesses to flourish, whilst new education facilities will reinforce Brixton’s reputation as one of London’s Creation of a space to support new businesses most dynamic locations; a new type of metropolitan The development and delivery of relevant, flexible, centre for London. contemporary business space will be a critical and important intervention to diversify and grow the 3.3.2 Actions and interventions – cross cutting principles Brixton economy. This needs to be delivered in the As projects are delivered within Brixton, it will be context of Brixton’s changing role in the London important that this is done in line with the objectives economy and a changing market for offices and of the SPD as a whole. Specifically, there are a number commercial space. of principles which should be borne in mind as projects are developed: Recognising a changing office market Increasingly, industry commentators recognise that • Brixton’s unique image should be at the heart of its work patterns are becoming more fluid and flexible. economic development – the aspiration should be Home-working, hot-desking, remote/virtual working, to create a business and visitor location of genuine automation, social networking and teleconferencing individuality; are all increasing. The result is a more efficiently used • Population growth will be an important driver of employment space (leading to higher employment economic value in Brixton – balancing the needs of densities) as well as new business types which utilise existing and incoming residents will be critical to the space in completely different ways. area’s future success; • Brixton’s continuing evolution as an enterprising These changing work patterns will alter the ways in location is critical – the town must become a place which businesses use space and, therefore, will have where businesses start, grow and stay; and implications on the type of work spaces that might be • As Brixton’s economy grows, ensure that bespoke delivered in Brixton. The London Office Policy Review mechanisms are put in place to ensure that existing suggests that Brixton should be removed from further local people and businesses are given the opportunity monitoring as “there was little to no prospect of it to participate and benefit. becoming a strategic office centre”. This should not be a deterrent to pursuing the development of new New businesses create jobs in the local area

18 3 brixton -wide strategies

workplaces, although it should be understood that this is unlikely to be in the form of the ‘traditional’ office. N Meeting the needs of new and growing businesses Brixton already provides flexible work spaces, which support a growing (more flexible) SME base. The Brix at St Matthews - Community Hub opened in February 2013 offers shared office space. The Piano House and Bon Marche Centre are reported to be

oad operating successfully and Lambeth Council are tion r sta Brixton currently developing plans for the SW2 Enterprise

A TLA Centre at Lambeth Town Hall (providing opportunities NTI ad

o C R R o for new start up and ‘move on’ space, as well as a ad range of flexible spaces for the community). If the

Brixton ane further evolution of this offer is to ensure that Brixton bour L s ar o ldh Co m becomes more competitive as a business location, it er

l eyton ro must continue to meet the ever changing needs of ne la re ac businesses (and develop a comparative advantage in ad relation other locations in London).

Cost is likely to be the most significant consideration for new start-ups and micro businesses. With this in mind, the provision of free or ‘coffee-price’ space, such as that which is provided at Campus London,

ll should be given serious consideration. For more specialist companies who are looking to prototype and manufacture new products, the ‘Fab-Lab’ model Brixton hi has been successfully deployed in the USA (and more recently in Manchester ) specifically to support designers to take goods to market.

N ew or extended employment In addition to existing and emerging provision, the Street markets SPD identifies land along Somerleyton Road as a Existing employment potential location for new workspace development. Network Rail is also keen to explore the potential for

Employment activity - existing and proposed enhancements

BRIXTON SPd May 2013 19 making better use of the many railway arches across the town centre. The land between the viaducts presents an opportunity for supporting new small and/ or creative business opportunities.

Realise the potential of Brixton’s visitor and night time economies The emergence of Brixton’s visitor and evening economy has been one of the centre’s key successes in recent years. As the ‘Lambeth After Dark’ (draft) study into the local night time economy quite rightly identifies “The role of Brixton has changed and is no longer just a local centre. It is now a visitor destination too. If it can balance these two roles and retain its distinctiveness it can do well. A more positive external image and a greater inflow of external spend and investment can help to raise the value of local jobs”.

Whilst Brixton’s reputation as a high profile destination for live music is historic and well established, more recently Coldharbour Lane and Brixton Village have played an important role in enhancing the evening and night time economies. To develop this further it is important that development seeks to address some of the deficits in the existing offer, which could otherwise prevent future growth in visitor numbers and spend. As such, appropriate wayfinding, public realm and appropriate restaurant/hotel development should be considered.

Major planned development at the northern end of Somerleyton Road will support further diversification of the cultural offer. The proposed relocation of the Oval House Theatre, will provide greater balance in the Brixton offer, as well as a new resource for the Evening economy in Brixton

20 3 brixton -wide strategies

local community. Embedding this with good public they achieve maximum value from their pitch; "Refurbishment and realm, way finding and a good ‘linked offer’ will be • Highlighting opportunities for new market traders and opening up of railway critical to its future success in Brixton. business start ups; • Working with Lambeth Council and market owners arch spaces could be Supporting the markets as an contributor to the Brixton to agree an appropriate management regime aimed done in conjunction with economy at delivering improvements and safeguarding market Brixton’s markets are quite rightly identified by functions which have social and community value; artists" stakeholders as a key component of the local economy • Collaborating on the improvement of the physical Workshop group and increasingly, the visitor offer. They do however appearance of the markets – enabling better storage also bring with them several operational challenges, as and management of waste, supporting easier well as a myriad of opinions and ideas on their future. customer flow – without losing the character and The Council supports the evolution of the markets and individuality that is one of their unique selling points; it is intended that the SPD should act as the starting and point for a clearer vision of the future. Furthermore, • Identifying complementary actions which can add it must encompass the provision of new goods and value to the current market offer and further enhance services and the delivery of a market offer which their value as a visitor asset. balances the needs of all town centre users. There are also some challenges and opportunities that The process of preparing the SPD has brought need to be considered early on in the process. These together some of the key market representatives and include: stakeholders. Given that in the last five years there has been little formal strategic planning of Brixton’s • The important role the markets play as an incubator markets offer, it is recommended that this dialogue for new businesses – opportunities to further should continue formally to develop a shared vision for emphasise this role and encourage business start- the markets, and a plan of action to ensure they fulfil up and development through the markets should be their potential. The key outcomes should include: explored; • Concerns about the impact some activities have • Agreeing a vision for Brixton’s markets to be inner on local (residential) amenity need to be addressed London’s most diverse and dynamic market; – a balance needs to be found which encourages • Recognising the different elements of Brixton’s market successful elements of the local economy whilst offer, agreeing strategies for how these elements can protecting local amenity; be strengthened and improved; • The full range of different market stall types needs to • Providing the information to support existing traders be appreciated and consideration given to how the to understand emerging trends and markets to ensure spatial organisation of the markets could help support each of these types, potentially through zoning;

BRIXTON SPd May 2013 21 • The role of the markets in the evening economy needs to be fully explored with discussion around how these activities can support the dual aims of a vibrant, lively N centre and one which is family-friendly; and • Some traders do not feel confident about their long term role in the markets and this needs to be addressed to give great clarity and stability to these traders that are essential to the economic character of Brixton.

oad tion r An assessment of the current make-up and patronage sta of the markets would provide a useful baseline and Brixton A TLA NTI starting point. Some useful survey information already ad

o C R R o exists as part of the London Retail Street Markets ad report prepared in 2010, but this will require further

Brixton ane updating given the evolution of the market offer in bour L s ar o ldh Co m recent years. er l eyton ro ne la re Supporting Brixton’s key shopping streets ac ad Lambeth’s recent (2013) Retail Needs Assessment concludes that the balance of convenience and independent retail is one of Brixton’s key strengths. It identifies strong rental levels, but also highlight’s the town’s position in London’s retail hierarchy (350th), suggesting that lack of appropriate space may be

ll driving up rent in the most attractive locations in the town centre. Based on this evidence, further

development of retail space is recommended. Brixton hi

Brixton Road is the town’s commercial high street and is the focus for larger national retailers. These retailers N ew retail are important to the economic success of Brixton town centre and opportunities to provide additional Street markets more appropriate spaces to accommodate them will be Existing retail important.

Retail activity - existing and proposed enhancements

22 3 brixton -wide strategies

Some stakeholders have articulated concern in relation Communications should focus on ensuring that clear to additional comparison retail coming into the messages percolate into existing media and change centre, highlighting concerns about multiple retailers perceptions of Brixton. This should be underpinned by diluting Brixton’s individuality. With these concerns in clear messages, highlighting why Brixton is different mind, it is important that where large companies are from other locations. This could include: supported to locate into Brixton, efforts are made to ensure they are integrated effectively. Recognising the • Articulation of the civic pride which underpins value of Brixton as a retail location and existing levels Brixton’s identity; of demand for space, Lambeth Council seek to ensure • Focus on its existing unique selling points (history, that retailers are encouraged to recruit Lambeth vitality, quirkiness and edginess); residents (through Lambeth Working) and become • Focus on dynamism and growing levels of enterprise; actively involved in the local community. and • Definition in relation to other locations within London. The growth in larger multiple retailers should be matched by growth in independent retail. Through In doing this, partners should consider exactly who improvements to existing streets, improved shop their key markets are and what they are seeking fronts, better visual marketing and more effective to achieve through improved communication. Key use of railway arches, smaller retailers should be audiences could include universities, hoteliers encouraged to locate and grow in Brixton. To support and workspace providers alongside developers and this, the feasibility of rate relief proposals outlined potential inward investors and, of course, existing within the 2013 Retail Needs Assessment should also Brixton residents. "A huge number of people be considered. pass through Brixton in the morning and evening - they Communication and marketing of Brixton’s offer Unlike many places in London, Brixton is blessed should be encouraged to with a strong identity and good ‘brand’ recognition. stay and do their shopping This will be crucial to the delivery of the Masterplan and, as such, partners should seek to implement - an unexploited resource" a communications plan, which not only supports Local resident investment, but also increases civic pride and allows local people to take ownership over Brixton’s evolution.

BRIXTON SPd May 2013 23 3.3.4 Targeted intervention to enable participation and wellbeing Supporting economic growth and the participation of the local population should not be seen as a mutually exclusive activity. By encouraging locally derived economic activity and addressing some of the fundamental and on-going issues of deprivation and worklessness within Brixton’s hinterland, development should deliver higher quality, more sustainable outcomes for local people and the economy as a whole.

In addition, given the likely impact of welfare reform and the well documented rise in living costs in London, providing targeted support for the local population is more important than ever. It is important that partners recognise that there is a sizeable cohort of the population in and around the town centre who will need support to participate in the opportunities Brixton clearly provides.

It is critical that from day-one, the delivery of SPD is accompanied by interventions which directly respond to local needs, these could include:

•• Lambeth working: Ensure than the new Lambeth Working model for employment support and brokerage sits at the heart of delivery of the Brixton SPD. This should include embedding employment clauses into planning applications and well as encouraging local businesses to commit to the employment of local people. It is important to note, that the objective of this should not just be to support local people in work in Brixton – given

Progress being made on bringing the former Footlocker site back into use

24 connectivity with surrounding areas, local people a network of community hubs across the borough. should be supported to reconnect with the London Community hubs will provide flexible, economic "Developers should be labour market generally, wherever that may be. space for community groups, the statutory sector, required to provide local social enterprises and SME's from which they •• New partnerships for targeted delivery: Work can operate and deliver services. The Brix Hub apprenticeships and with RSLs and civic society partners to engage at St Matthews is the first in the community hub employ locally – hang on and re-engage with the local population in Brixton programme to open. Work is underway to develop and Stockwell. Seek to deliver targeted one to more hubs. to inward investment" one and whole family interventions to address Workshop group persistent barriers to work and participation in •• Business involvement: Whilst established training. Ultimately, this should link to the job business forums and partnerships already exist brokerage models implemented through Lambeth in Brixton, the SPD represents an opportunity to Working. unite existing and future business partners to play a more active role in the town’s evolution. •• Reinvest locally: Where possible, use income Proposals for a Brixton Business Improvement generated from the economic growth in Brixton District (BID) are already developed and it is (S106, Business Rates, CIL, endowments etc) to recommended that these are developed further, support the physical improvement of local estates, with a clear focus upon delivering this plan as well providing infrastructure to bring about a step as cementing links between business and the local change in the quality of life of the local residents. community.

•• Involve schools: This SPD and the activities In developing and delivering all of the interventions that are encouraged, potentially provide a focal above, it is important that new evidence and point for the engagement of Brixton’s young monitoring systems are put in place. This will be people. Mechanisms should be developed to essential to ensuring that Brixton can make a clearer, engage schools in the area’s evolution, ultimately more compelling case for further public investment developing a sense of civic pride amongst the next to support new and existing projects. With new generation of Brixton residents. European programmes currently being developed and a government spending review scheduled within •• Community space: Brixton (and Lambeth as a the next 12 months, it is now more important than whole), has a significant amount of community ever that contemporary robust information is used to space which is not currently efficiently used. The underpin investment in Brixton and its populations. council has agreed a strategic vision for developing

BRIXTON SPd May 2013 25 Public realm projects N Extent of project

Greater use of space to be encouraged

Streetscape enhancement

Lighting enhancement

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3.4 Public realm and cycling strategy

"A well maintained environment A coherent and coordinated public realm and cycling would support greater local pride" strategy will improve the environmental quality of the town centre. It will reduce street clutter, improve Local resident safety, enhance pedestrian and cyclist priority, and improve open space, including green space and links to existing green infrastructure across the wider area. This will help attract new investment, improve the visitor experience and facilitate movement.

In particular, it is noted that the planting of additional trees would bring a range of sustainability benefits "The public realm all along and, where appropriate, the planting of new street Coldharbour Lane needs trees will be supported. Public art could also improve the local environment. developer contributions to support enhancements." A detailed public realm and cycling strategy will be prepared, in consultation with key stakeholders, on the Local resident basis of the high level strategy out lined in this SPD. Generally the public realm and cycling strategy will set out a clear network of routes for pedestrian and cycle access to and through the town centre, and a set of projects to achieve this network.

Wayfinding and signage strategy However, there is an opportunity to strengthen how "Better links and better the public realm network is navigated and understood. A wayfinding strategy for the centre that would signage are needed. see the coordinated overhaul of existing signage is People should be more proposed. New signage would allow for the promotion aware of what Brixton has of all Brixton's attractions, and encourage visitors to see and experience the full range of activities on to offer" offer. The new Legible London signage in the town Local resident centre presents an opportunity for the coordinated implementation of this scheme across the wider area.

27 Potential projects have been identified as follows: 3 St. Matthew’s Peace Gardens Introducing new temporary or pop-up uses in the 1a Pope’s Road / Brixton Station Road Gardens to attract new users and better integrate Improvements to this key space and arrival point will the space into the surrounding area. This is one of deliver greater pedestrian and cyclist priority, remove Brixton's key public open spaces and improvements clutter, enhance lighting and the streetscene, and to this space have the potential to deliver significant reorganise space to facilitate the potential extension improvements for the town centre as a whole. of the market, as well as reorganise existing servicing arrangements. 4 Somerleyton Passage The creation of a public space approaching the 1b Brixton Railway Station entrance, arcade and platforms passage on its eastern side, incorporating landscaping, Improvements will include re-paving pedestrian planting and lighting, as well as enhancements to the passage itself through improved lighting and cosmetic surfaces, significant enhancements to the arcade Southwark Street lighting project arch Rail lighting project including new lighting and better access to platforms, changes. and modern train user facilities on the platforms. 5a Coldharbour Lane (east) 2a Atlantic Road The renewal of landscaping, furniture, lighting and Proposals include the refurbishment of shop units in planting between Atlantic Road and Moorlands Road the arches, re-paving the street surface, improving to give the area the feel of a local high street. lighting and delivering greater priority to people walking and cycling through traffic management and 5b Coldharbour Lane (west) measures for dealing with refuse and trade waste. There are fewer opportunities to improve Coldharbour Lane west of the railway line. But opportunities do 2b Using rail arches to improve walking and cycling linkages exist for shop front improvements and potentially some The Cut, Waterloo Opening up arches to improve the walking and cycling new street tree planting at the far western end of the environment and create links at the junction between street. Brixton Road and Atlantic Road, and between the Somerleyton Road and the town centre, subject to 6 electric Avenue further feasibility assessments. Proposals include re-surfacing, a phased programme of sensitive refurbishment of shop units and buildings, re-using vacant accommodation on upper floors, a coordinated approach towards market and street furniture and measures for dealing with refuse and trade waste. Rail arches, Herne Hill Bankside, Southwark

28 3 brixton -wide strategies

7 Brixton Road (north) Creative new lighting solutions and enhancements to shopfronts along this part of the high street, through cleaning, graffiti removal, repainting, pigeon proofing, and removing buddleia.

8 Brighton Terrace Public realm improvements to enhance visual and physical connections between Brixton Road and the Piano House building.

9 Space outside Police Station Crossing, Clapham Junction St. Matthew's Peace Gardens, Brixton Improvements to walking and cycling surfaces and lighting, and the addition of seating to transform this important space.

10 Acre Lane east Public realm improvements at the eastern end of Acre Lane in accordance with its status as the main corridor into Brixton from the Clapham area.

Southbank Isabella Street, Southwark Examples of precedent projects where similar interventions to those proposed in the SPD have been successfully delivered

BRIXTON SPd May 2013 29 3.5 Transport and movement strategy

Objectives Where feasible, the public realm enhancements The transport and movement strategy aims to promote will improve the supply of cycle parking provision, sustainable travel in Brixton through: including at the following locations:

•• Making walking and cycling to and through •• Outside the Tate Library on Windrush Square; Brixton as safe and pleasant as possible by •• Along Canterbury Crescent; and improving the network of streets and footpaths; •• Close to the underground station, including a cycle •• Upgrading the mainline railway station and hub – a covered, managed cycle parking facility. improving interchange between the various forms of public transport; and In addition, space will be identified and safeguarded •• Providing short stay car parking to meet identified for docking stations for the future extension of the needs. Central London Cycle Hire scheme to Brixton town centre. 3.5.1 Walking and cycling 3.5.2 Interchange improvements Lambeth will commission a public realm and cycling strategy for Brixton in 2013. In consultation with In the short term, the priority is to improve traders and residents, the strategy will develop a interchange between Brixton Underground and network of safe, direct routes to and through the town the existing rail station by means of the following centre and a series of projects to provide public realm measures: improvements and cycle priority measures. •• Improving the mainline station entrance and There will be improvements to footway and facilities, including the provision of seating on the carriageway surfaces, provision of raised platforms; table crossings on key pedestrian desire lines, •• Provision of passenger lifts and staircases between enhancements to street lighting and removal of street the street and the existing rail platforms. These clutter. Where relevant, the improvements would also should be designed, in consultation with Network enhance bus stop provision to accord with current Rail and Southeastern (the station manager), as Transport for London accessibility standards. Key the first phase of a scheme which would eventually locations for these improvements are as follows provide new platforms on the Overground lines; •• Improve the pedestrian link between the mainline railway station and the Underground station and •• Pope's Road and its intersection with Brixton •• Investiage potential locations for a taxi rank. Station Road; •• Station Arcade and the station in general; In the longer-term, Brixton would benefit from •• Atlantic Road, from Brixton Road to Railton Road; provision of new platforms to enable the Overground to •• Electric Avenue; and stop at Brixton and create a strategic rail interchange. Brixton Road •• Brighton Terrace.

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"Very crowded bus stops - The Overground passes over Brixton on the high level Redevelopment opportunities within the Brixton viaduct and a new station would enable interchange Centre area provide opportunities for the provision of can they be moved?" with the Victoria Line and local bus services. At the new public parking spaces in this part of the town Local resident moment, there is no stop on a 2 mile stretch of the centre. Overground line from Denmark Hill to Clapham High Street. It is recommended that the spaces in any such new car parks are managed for short-stay parking, The Council will work closely with Transport for particularly during the daytime. London and Network Rail to deliver transport interchange improvements and explore appropriate Provision of parking spaces for the market traders is options for the location of a taxi rank in the town also important for the ongoing viability of the markets. centre. The redevelopment of key sites within the Brixton Central area, including the existing railway arches, 3.5.3 Buses should ensure the requisite market traders’ parking The bus stops on Brixton Road provide convenient and storage space is provided in a convenient location. interchange with the Underground and between bus services – but result in congestion on the pavements Facilities that allow for innovative, green joint supply at the core of Brixton Town Centre, and congestion on and delivery schemes will be supported in order to Brixton Road itself. Lambeth will work with Transport reduce the number of motor vehicles accessing the for London, through the development of a detailed town centre. This may require provision of space for a public realm and cycling strategy, to explore the scope central distribution point. to rationalise services and improve the positioning of

Cycling parking, Brixton Road stops for the mutual benefit of pedestrians and bus passengers.

3.5.4 Servicing and town centre parking Brixton has a lower level of public off-street parking than comparable centres within Inner London. There is a need to carry out a detailed study of town centre car parking need and existing provision, as well as consider the benefits of additional provision against the impact of extra vehicular trips that would be generated.

Crossing outside Brixton underground station

BRIXTON SPd May 2013 31 3.6 Energy, water and waste strategy

In line with Lambeth's Sustainable Design and Construction SPD and in the spirit of the One Planet Living principles, the SPD aims to promote self- sufficiency in terms of the energy, water and waste. This will help to maintain the town as a thriving commercial centre. The SPD outlines a framework for the infrastructure required to underpin this aspiration.

Please note, useful guidance relating to developing sustainable proposals for existing buildings can be found through the English Heritage website at www.english-heritage.org.uk/saving energy

3.6.1 Energy The range of opportunities identified within this SPD provide the town and its communities scope to invest in, and introduce new, infrastructure to enable the utilisation of alternative energy supplies.

The redevelopment of Guinness Trust’s Loughborough Park Estate includes provision for a Combined Heat and Power (CHP) plant, which could provide scope for the installation of additional distributed heating systems that may later form part of an integrated local energy network.

Other estates within the SPD area could, subject to further viability testing and cooperation, provide scope for an expansion of this local energy network. One Planet Living framework Opportunities and key elements of the energy strategy might include:

•• All new buildings should be designed to be adaptable to allow conversion over their lifetime, and to limit the energy required for space heating;

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"New developments •• Major redevelopments should incorporate the 3.6.3 Waste should put in infrastructure provision of heat and power energy centres and The town centre, and in particular its retailers and appropriate energy network distribution, as well so that in future Brixton businesses, produce significant amounts of waste and as the ability for future developments to plug-in can use new technology to there is an issue around a lack of bin capacity and and extend the network. The lowest carbon fuel the number of rubbish bags that are left on the street. generate its own heat and sources feasible should be used; and The detailed public realm and cycling strategy will • The roof spaces of existing and new buildings power. Buildings should • consider this issue further. should be considered a valuable commodity to be be future proofed." exploited for energy generation and food growing. There will be opportunities to gain additional value Online comment from the waste produced by, for example, composting 3.6.2 Water of food waste for use in local food growing projects. As a major inner-London town centre, open spaces are a scarce resource. The management of surface water Opportunities and key elements of the waste strategy can help to avoid flash flooding and minimise the might include: impacts of droughts. •• One Planet Living principles suggest it would be Major new developments should provide the possible to meet a target of reclaiming 70% of opportunity for the introduction of green spaces waste generated by residents through composting that can both slow the passage of surface water and or recycling; reduce the use of water in buildings. •• In addition, 95% of waste generated by construction and demolition of development in Opportunities and key elements of the water strategy Brixton should be reclaimed or recycled; and might include: •• A coordinated food waste strategy across the town centre could extract significant value for local food •• Rainwater collection in all new build development growing projects. and retrofitted where possible to existing buildings; •• Tree planting along key routes, the creation of green roofs and gardens and local food growing projects on under used land or new roof spaces; and •• Subject to a feasibility assessment, One Planet Living principles suggest the water strategy should be target driven and aim for target of 45-70% retention of annual rainfall and up to 100% peak run off reduction.

BRIXTON SPd May 2013 33 3.7 Land use strategy

Available land in Brixton is a scarce resource. It is important to ensure the best use is made of development sites as they come forward. This land use strategy identifies a number of character areas within Brixton and puts forward the most appropriate land uses for these areas.

The evening economy plays a particularly important role in Brixton town centre and is an important source of local employment. Evening economy uses are located across the town, with activities focussed around key cultural facilities including The Ritzy and

the 02 Academy.

The key character areas are:

1 •• Brixton Road: retail and jobs Brixton Road is the main commercial spine and the focus of high street retailing in the town. The larger floor plates in this location play an important economic role in the town and should be retained. Brixton Road is the most appropriate location for new larger format comparison retailing. Other appropriate uses would include convenience retail and employment, hotels and residential on upper floors. 2a •• Brixton Station Road: homes, retail and parking The temporary ice rink site will be the focus for intensification of town centre uses including retail (including large format retail spaces), community, higher density residential uses and town centre off-street parking. Other appropriate uses for this area include employment, hotels and education. Brixton town-wide land use strategy

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2b•• Electric Avenue, Pope’s Road, Atlantic Road The Use Classes Order and widening of and Brixton’s Markets: creativity, markets and Permitted Development Rights independent traders Protection and enhancement of Brixton’s historic The Council will work with the management street and covered markets is a priority. There are agents/landlords for the covered markets to ensure opportunities to strengthen the role of the markets a managed approach to the provision of retail, food and improve their operation in conjunction with and entertainment which contributes to a balance enhancements to railway arches and land between of uses and the vibrant mix of activities in Brixton. the viaducts. Appropriate uses for this area include independent and small scale retail, restaurants and The Government has recently announced a cafes, residential, employment uses - particularly relaxation of planning rules to allow for temporary 2 creative industries - parking, hotels and education. use of various types of buildings/retail units to be Large format retailing is not considered appropriate. used as shops, financial services and restaurants. In working to identify a viable strategy for the •• SW2 Enterprise Centre and surrounding area: markets, these provisions will be taken into 3 business space and jobs account. The Council will still retain long term This area will be the strengthened focus of office- control of the use of such buildings/units as the based employment in the town centre, with provisions are only temporary. redevelopment and refurbishment delivering consolidated Council accommodation and flexible workspaces for Council partners, community and other organisations. The area’s role as a place for employment will be strengthened. There will be a significant increase in the total commercial floorspace in this location alongside new town centre residential uses. Other appropriate uses in this area include commercial, hotels and community.

• Somerleyton Road: housing, culture and 4• community New development and land uses will ensure this area is better integrated into the wider area with housing-led redevelopment complemented by new cultural and community uses providing new local employment opportunities. Other appropriate uses include small scale commercial units and affordable workspace.

BRIXTON SPd May 2013 35 N "The strategy needs to achieve a balance between traditional market uses and new uses" Local resident

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4.1 INTRODUCTION

4.1.1 The Investment Areas This section provides more detailed strategies for the town centre's four key investment areas:

•• Brixton Central; •• Somerleyton Road; •• SW2 Enterprise Centre and surrounding area; and •• Brixton Road / ‘High Street’.

A headline review of the key issues associated with each investment area is outlined followed by an area framework, area-wide guidance and, if appropriate, site specific guidance. This includes a framework plan and associated written guidance which will be used to help assess and determine development proposals as they come forward. Guidance on tall buildings which may be relevant to all areas is also provided.

It should be noted that the Council encourages early engagement with the local Crime Prevention Design Advisor and reference should be made to the guidance available on the www.securedbydesign.com website.

Potential key development Brixton Road investment area opportunity 4.1.2 Tall buildings An assessment of the Brixton SPD area has been Brixton Central investment area Protection of and support for Brixton's historic markets undertaken with a view to identifying sites suitable Somerleyton Road investment area for new tall buildings. The assessment considered Opportunities to improve walking constraints such as the presence and setting of SW2 Enterprise Centre and and cycling connections surrounding area investment area heritage assets and locally important views from Important town centre public space within the conservation area and from Brockwell Park.

Key strategic routes The study has identified two areas that are considered © Crown copyright. All rights reserved. 2013. Licence number 0100031673 potentially suitable for new tall building development: Strategic framework for investment

37 •• Brixton Central and Canterbury Estate It is hoped that by following these design parameters This includes International House and the Pope’s the new structures will enhance Brixton’s already rich Road sites (currently occupied by a temporary roofscape of historic towers. Large, bulky, squat or ice rink). International House is 12 storeys + alien looking structures are unlikely to be considered plant. The Canterbury Estate already has one tall acceptable. building - Chartham Court (16 storeys + plant, not currently considered a redevelopment opportunity) Should proposals for a cluster of tall buildings come forward it is essential that issues of overshadowing, •• Southwyck House and Moorlands Estate microclimate and outlook / privacy (for existing and (northern part only) new residents) are considered in detail and inform the The existing Southwyck House (9 storeys high) design from the outset. and the low rise housing to its immediate south. These are not currently considered redevelopment All tall buildings proposals will be considered in terms opportunities. of their impact on the locally important views of the city from Brockwell Park. Applicants will need to show Tall building development on suitable sites, to a the impact of proposals on these views. A positive

Electric Avenue, c.1960 (Source: Landmark Lambeth) height of 10 storeys, is likely to have a neutral impact impact should be sought – one which enhances the on Brixton’s heritage assets (and their settings). view (through good design) and does not restrict Development between 10 and 15 storeys will be appreciation of the city landmarks beyond. visible from within the conservation area and has the potential to have an adverse impact. Development in excess of 15 storeys is likely to have a significant 4.2 Brixton Central area strategy adverse impact. The focus in this location is on improving the environment in and around the station and securing Applicants proposing tall buildings in excess of 10 the redevelopment of key opportunity sites. The storeys will be expected to prepare accurate heritage routes between Brixton Station Road and Atlantic and townscape impact assessments to allow informed Road can be improved and there are opportunities to decisions to be made. In order to mitigate such harm, introduce new mixed use commercial and residential new tall buildings should: developments, which may make better use of the railway arches which are such an important feature 1. Be slender, of elegant proportions with a good of the area. The Council owns approximately one silhouette; and hectare of land in this location including the Brixton Recreation Centre, International House and the 2. Use detailing and materials that harmonise with temporary ice rink site. The Council also owns the locally distinct palette of materials (brick and Canterbury Gardens housing estate. stone). Electric Avenue today

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4.2.1 Key issues Key issues for the Brixton Central area include:

1. Poor quality public realm in key streets and spaces in the area including Brixton Station Road, Pope's Road and Brixton Railway Station; 2. Severance caused by the elevated railways and the lack of physical north-south connections that result; 3. The need to improve and enhance leisure and community facilities in the centre of Brixton including the need to improve access for all communities. The historical and cultural importance of the existing Brixton Recreation Centre to the community is recognised and it will be retained and refurbished; 4. The unique character and qualities of Brixton's markets and the critical role they play in meeting local shopping needs, attracting visitors to the town and providing important local employment opportunities; 5. The poor quality of Brixton's railway station environment and the harm this does to first impressions of the town; and 6. The underdeveloped nature of key sites in the area which have the potential to help attract new investment and create new jobs for local people.

© Crown copyright. All rights reserved. 2013. Licence number 0100031673 The adjacent diagram outlines the main elements of the framework for the Brixton Central area. The key Brixton Central: area framework components are as follows:

1. Opening up the arches through to the land between the viaducts, providing stronger connections to the area and creating more commercial value through new mixed use development.

BRIXTON SPd May 2013 39 2. Focusing new higher density mixed use development •• Density: Building heights should generally be along Brixton Station Road with commercial activities more restricted along Canterbury Crescent given at ground floor level. its more sensitive conservation context. There 3. Enhancing the access to the rail station and its are opportunities for new taller buildings along setting, with a specific longer term opportunity to Brixton Station Road, subject to maintaining reinstate the station entrance along Pope’s Road. viewing corridors and guidance contained in any 4. Ensuring leisure, cultural and community provision in subsequent tall building study. The guidance at the centre of Brixton is enhanced so that it continues the start of Section 4 on tall buildings is relevant in to provide a high quality and wide ranging offer for all this location. and meets the demands of a growing population. Pope's Road 5. Redeveloping the temporary ice rink site as a mixed •• Public realm: New development will need use development with potential for commercial and/ to contribute towards the delivery of a major or community uses at ground floor level and residential programme of public realm improvements along uses above, potentially incorporating town centre Brixton Station Road and Pope’s Road, with parking. In addition to Brixton Road, this location is scope for new street lighting, improved paving also considered appropriate for larger scale retail uses. and more street trees. These improvements 6. Redevelopment or conversion of International House should encompass improvements to the existing for a residential-led scheme with town centre uses at environment in and around Brixton Railway lower levels. Station. Streetscape improvements are also needed 7. Delivering a programme of environmental for Electric Avenue and Atlantic Road. improvements to priority streets and spaces including Pope’s Road, Electric Avenue and Atlantic Road. •• Rail connections: While funding is not in place, Atlantic Road the Council continues to support the principle of 4.2.3 Area wide guidance the long term objective of securing a stopping service on the London Overground Line at Brixton •• Character: New development should add activity Railway Station. Such an investment could and interest to the streets they face. Separate potentially deliver a radically improved station (residential) accesses to upper floors should also facility with a re-orientated passenger entrance be gained from the main street frontage of new directly on to Pope’s Road. New development buildings. Any new development along Canterbury coming forward should not undermine this long Crescent should take account of the character of term aspiration. the conservation area and the setting of the nearby listed buildings. In conjunction with Network Rail, •• Parking: The delivery of new town centre parking, more railway arches should be brought into active market trader parking and storage is required Refurbished rail arches, Isabella Street, use and the appearance of existing commercial within the Brixton Central area. Any mixed-use Southwark arches improved. redevelopment of the temporary ice rink site

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could incorporate some car parking to meet the Land between the viaducts particular needs of the town centre, and could give The land on the east side of Pope’s Road between rise to a wider review of on-street parking and the railway viaducts is a major opportunity for servicing arrangements in the Brixton Central area. development. In particular, the opening up of this There is also capacity for the land between the site would allow for a new north-south connection to viaducts to contribute to this provision, including Brixton Station Road, improved access to the Brixton making better use of under used railway arches. markets experience and creation of new opportunities for small and independent traders. Space for existing A new connection •• North-south connection: creative industries and artists should be an integral should be made between Brixton Village and the part of redevelopment proposals for this site. land between the viaducts, potentially enabling the northern expansion of Brixton markets and Above this ground floor level activity, there is scope opening this area up for a range of new commercial for a mix of commercial uses. The site could also and community uses, with higher density potentially deliver some town centre car parking residential uses above. View from inside Mint Hotel, Leeds to help meet the needs of local businesses and customers and provide space for market trader parking 4.2.4 Key sites - development principles and storage.

Brixton Railway Station In such a prominent location new development would Significant improvements to the station entrances need to be of the highest quality design, and provide a and access arrangements are needed to support useful and attractive new landmark in the town centre. safer and more attractive use. Better signage and Subject to demand, this central location would also be lighting are needed as a minimum. The station site appropriate for education uses. itself presents a long term opportunity for a much improved environment both within the station arcade International House and at platform level, with new seating and the Employment uses within International House will Existing Brixton Village units removal of graffiti. There is also the potential for the be reprovided as part of the SW2 Enterprise Centre reinstatement of the historic entrance, including new redevelopment thereby ensuring the associated retail floorspace that would take advantage of the high jobs remain in Brixton town centre. This releases levels of footfall. The long-held local aspiration for a the site for conversion or redevelopment. In view stop on the new East London Line extension linked of the site’s location, the character of Canterbury to the Overground station will be pursued through Crescent and activities found along it, a residential- partnership working with Transport for London. led scheme with town centre uses at lower levels are considered the most appropriate new uses for the site.

BRIXTON SPd May 2013 41 4.3 BRIXTON EAST / Somerleyton Road area strategy

Any redevelopment on the site should respect the The south eastern section of the SPD area is a focus guidance and opportunities outlined in the Brixton for improving connections and local environments. Conservation Area Statement. Although important green infrastructure exists in and surrounding the area, its residential estates are not Temporary Ice Rink site well connected to the town centre and surrounding Core Strategy Policy PN3 sub-paragraph (f) supports amenities and there is a need to enhance physical development on this site and surrounding land linkages to support its greater integration. to provide mixed use residential, retail, food and drink, town centre car parking, cycle storage and Alongside new and improved connections, a major community uses and public realm improvements. The redevelopment opportunity exists in the Somerleyton site is suitable for commercial and community uses Road area. The sites running between Somerleyton appropriate in this town centre location, potentially Road and the rail line are under used and represent an including larger format retail uses. opportunity to transform this part of Brixton. Major investment here would deliver new housing, affordable workspace, community infrastructure including a new major cultural facility and provide new job opportunities. The Council owns a significant amount of land along Somerleyton Road.

Any development in the Somerleyton Road area should proceed in partnership with Transport for London, to ensure that adequate measures are taken to prevent any negative impact on the Underground's operational infrastructure.

4.3.1 Key issues Key issues for the Somerleyton Road area include:

1. Lack of activities along this part of Coldharbour Lane which has resulted in local concerns about streets feeling unsafe; 2. The area is not well integrated with the wider-town; 3. Much of the land on the west side of Somerleyton Road is under-used and, if redeveloped, could contribute significantly to the regeneration of the town. Aerial view of Somerleyton Road, looking south east

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4.3.2 The strategy for the Somerleyton Road area The adjacent diagram outlines the main elements of the framework for Somerleyton Road. The key components are as follows:

1. Introduce a major new cultural facility at the northern end of Somerleyton Road, addressing Coldharbour Lane and Brixton Village. This would generate new activity and create new opportunities for local employment.

2. Consider the potential, in the context of regeneration proposals for the Somerleyton Road area as a whole, of the opening up of new routes beneath the railway at the northern end of Somerleyton Road to improve walking and cycling connections with the town centre.

3. Recognise the history of the area, in particular the locally listed Carlton Mansions and Nuclear Dawn mural and consider how this building can be part of any new development.

4. Redevelop sites along Somerleyton Road to deliver a mix of new high quality affordable and market housing together with other viable complementary uses, which could include cultural, community and commercial © Crown copyright. All rights reserved. 2013. Licence number 0100031673 uses, and affordable workspace. Somerleyton Road: area framework 5. Encourage active ground floor uses fronting on to Somerleyton Passage, and public realm enhancements to support greater use of this important link.

6. Promote redevelopment of the Council Depot along Somerleyton Road, only if an alternative site can be found in advance of any proposal.

BRIXTON SPd May 2013 43 4.3.3 Area-wide guidance

•• Street frontage: New development should front onto existing streets. Active frontages along Coldharbour Lane are critical for its success. This will support a radical shift in the character of this important area and help bring new life and more activity to the streets. Ground floor commercial, community and cultural uses should be introduced to strengthen the retail function of the street and help ensure the retail needs of the existing and new resident communities are met.

•• Community infrastructure: New community infrastructure to address increased demand in this area must be supported by new development, including expanding the capacity of Hill Mead Primary School. Somerleyton Road, 1965 •• Green infrastructure: New development should retain and enhance existing green infrastructure. In particular, where mature trees exist between the rail line and Somerleyton Road, new development should seek to respond to this structure.

•• Density: New residential development should include a mix of flats and houses with gardens to provide a good mix of housing types. New buildings should be up to 5 storeys along Somerleyton Road with scope for a slightly taller building at the northern end.

Somerleyton Road, 2012

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4.4 SW2 Enterprise Centre AND SURROUNDING area strategy

Mixed use redevelopment and refurbishment of the town hall and associated Council-owned buildings in this area will provide increased civic, community and public service uses, retail and employment uses, residential, entertainment and leisure uses. This strengthens the Council's administrative role and concentrates its functions in this key focal point for Brixton. In turn this enables the release of sites currently used as Council offices in the borough, including International House in the Brixton Central area.

Key landmark buildings will be refurbished and under-used sites brought into use. New active frontages, improved and safe walking and cycling routes and streetscape improvements will enhance Lambeth Town Hall, c.1910 the public open space. The important role played by St. Matthew's Church and the Peace Gardens are also key considerations. The Council is the principal land owner in this area, owning 7,500 sqm of land.

4.4.1 Key issues

Key issues for this area include:

1. The area is the administrative heart of Brixton and the Borough as a whole. The area around the town hall is therefore a key civic space.

2. The area benefits from some key heritage assets including historic buildings and public spaces. The relationship between the site and the Peace Gardens and the setting of St Matthew's Church is an important consideration.

Lambeth Town Hall today St. Matthew's Church

BRIXTON SPd May 2013 45 3. The area contains a range of activities including the N ceremonial committee rooms of Lambeth Town Hall, the dance floors of Brixton Electric and the established residential community of Porden Road. Protecting their respective amenities will be a key consideration.

4. There is limited active ground floor uses along the pedestrian edges of Acre Lane and Brixton Hill.

4.4.2 The strategy for the SW2 Enterprise Centre and surrounding area The adjacent diagram outlines the main elements of the framework for the SW2 Enterprise Centre and surrounding area. The key components are as follows:

1. Refurbish and redevelop buildings in this location to enable Council services to be more focussed in one location, acting as a catalyst to support mixed uses in the area.

2. Provide new flexible and affordable floorspace appropriate for use by Council partners, community organisations and small businesses.

3. Strengthen the contribution of the sites to the street they address with a mix of uses including offices, © Crown copyright. All rights reserved. 2013. Licence number 0100031673 retail, community or leisure at ground level and improvements to the public realm in the area.

4. Protect the amenities of the established residential community along Porden Road.

5. Enhance heritage assets and improve the area's relationship with St. Matthew’s Church, an important community hub offering voluntary community SW2 Enterprise Centre and surrounding area framework services and social enterprise accommodation, and its surrounding green open space.

46 4 area strategies

4.4.3 Area-wide guidance •• Street frontage: Sensitive redevelopment and infill should strengthen the street edge. New uses •• Density: Development should be appropriately and enhanced public realm will be delivered to designed, make efficient use of land and respect help strengthen activity throughout the day and the height, scale and massing of existing and evening, supporting safer streets. adjacent buildings. •• Heritage: Key landmark buildings should be •• Character: New development should add interest refurbished. The impact on the setting of the and activity and address the street directly at Grade II listed Town Hall building is a key pavement level. consideration. There are other heritage assets in the area, including conservation areas and statutory and locally listed buildings, which should be considered as development proposals come forward.

•• Public realm: A clearer distinction between public and private spaces is to be established by revising the servicing and access arrangements. Improved and safe walking and cycling routes between Brixton Hill and Acre Lane are to be delivered with streetscape improvements to Buckner Road and Porden Road. A stronger connection between the areas of public realm – encompassing Windrush Square, St. Matthew's Peace Gardens and the Town Hall area is to be encouraged.

•• New housing: The introduction of new residential development to ensure a sustainable mix of uses is delivered. This will help improve the relationship with the existing residential neighbourhood on Porden Road.

•• Community space: Opportunities for office space to be provided for local community groups and small businesses to assist in the facilitation of Lambeth's Cooperative Council objectives. Aerial image looking north across area

BRIXTON SPd May 2013 47 4.5 Brixton Road/’High Street’ area strategy

Brixton Road is the busiest part of Brixton with thousands of pedestrians using it every day. Part of the Transport for London Road Network, Brixton Road is a major bus route and acts as Brixton's public transport interchange.

With no known major opportunity sites, the focus for investment in this area relates primarily to sensitive frontage enhancements, streetscape improvements and bringing vacant space back into use.

Brixton's high street is the most appropriate location for larger floor plate retail development - important to the economic success of Brixton to help complement the strong independent retail sector. There is a major opportunity to deliver improvements to the public space outside the Police Station to help complement Brixton Road, c. 1930 (Source: Landmark Lambeth) the major investments that have been made at the southern end of Brixton Road at Windrush Square.

4.5.1 Key issues Key issues for the Brixton Road area include:

1. Brixton Road benefits from a good quality street environment, with much of the historic frontage having been retained.

2. The townscape character of the northern part of the street has, over time, deteriorated in quality with many insensitive shopfronts. This northern end of the road is less pedestrian friendly.

3. Brixton Road plays an important role in providing opportunities for larger-format retail floorspace in the centre. Brixton Road today

48 4 area strategies

4. Evening economy uses are an increasingly important 5. Work with existing landowners and tenants to secure source of local employment with concentrations of coordinated shopfront and signage improvements N such uses at the northern and southern end of Brixton and encourage alternative security measures to roller Road. shutters on key frontages, particularly in the northern section of the road. Creative approaches, potentially 5. Significant areas of upper floor levels along the street involving local artists, to brightening up existing are vacant and under used. shutters will also be encouraged.

4.5.2 The strategy for the Brixton Road area 4.5.3 Area-wide guidance The adjacent diagram outlines the main elements of the framework for the Brixton Road area. The key •• Character: Historically sensitive enhancements components are as follows: to shop frontages and street environments are to be encouraged in line with the Conservation 1. Establish a new public space outside the police station Area Statement 2012. Both Brixton Road and to serve the northern section of Brixton Road and Electric Avenue should be priorities for historic complement the public space created at the southern refurbishment funding. A significant number end of the street at Windrush Square. of buildings which negatively contribute to the character of Brixton Road are specifically 2. Further improve the street for pedestrians, cyclists and outlined in the Conservation Area Statement with other users and improve the interchange between rail, suggested interventions. tube and bus. •• Public realm: Informed by ongoing dialogue 3. Promote the retention of existing and provision of new, with Transport for London, further public realm medium to large retail units. enhancements, in addition to the scheme recently completed to Brixton Road, should be explored 4. Work with landowners to bring forward vacant or with a view to achieving the best balance under used space and sites for appropriate new uses possible for the accommodation of bus stops, and sensitive refurbishment or redevelopment. creating more breathing space for pedestrians and accommodating additional green infrastructure, such as street trees. In particular, local stakeholders would like to see whether pavements could be further widened, crossing facilities further improved and additional facilities for cyclists

BRIXTON SPd May 2013 49 "Brixton needs action not words" Local resident

50 5 WORKING TOGETHER TO DELIVER P artnership working between public sector agencies, local communities, community representatives and key landowners will be critical to the delivery of the Brixton SPD

The Brixton area has the potential for significant new The Council has established the principle of utilising mixed-use development. To accommodate this level its assets in the Brixton area and using them in a of growth and ensure that development brings real coordinated way to bring forward a major programme benefits to the lives of local people the Council will of investment, redevelopment and regeneration. continue to work cooperatively with local resident and business communities. Such an approach would: • Help deliver new homes and jobs; A coordinated approach, involving local communities • Improve the economic vitality of the town centre and key public and private stakeholders, to deliver through the delivery of new retail floorspace and new development, will bring forward investment over town centre parking; the next 10-15 years to support the Future Brixton • Improve the public realm and public open space Programme and ensure that the high aspirations for for residents and visitors; and the area are realised. • In the longer term, ensure that Brixton is economically, socially and physically sustainable. As with any major development and regeneration programme, land ownership is central to delivery. The Council owns many of the key sites identified in Brixton. These include critical elements of community and social infrastructure such as the Brixton Recreation Centre and the Town Hall area.

Progress is already being made in relation to the Town Hall/SW2 Enterprise Centre site with a development partner being sought. This procurement process also encompasses International House on Canterbury Crescent.

The Council is keen to continue to explore with its partners, other key stakeholders and the local community, the potential benefits of looking creatively at how other key locations could be brought together to help deliver the wide range of potential improvements outlined in this SPD.

51 5.1 A Development Opportunity and Regeneration Programme

The programme is ambitious, long term and 5.1.1 The Development Opportunity multifaceted. The potential benefits are considerable Initial high level land use capacity studies have been and include physical regeneration and environmental undertaken: improvement of the town centre. Moreover, the benefits will also improve the life chances of local •• Brixton Central area: In refurbishing existing people. space, bringing space back into use and creating new commercial floorspace, there is scope for retail A package of economic, environmental, social, and community uses together with significant community and supporting infrastructure initiatives capacity for the appropriate use of upper floors have been identified to meet the needs of existing, for redevelopment. Site capacity work suggests and new, residents and businesses. These will there would be scope for retail, commercial and improve the environment and support local access to community floorspace, in conjunction with opportunities for training, employment and enterprise. significant capacity for new dwellings. Support for existing and new small and medium sized businesses will be key. •• Somerleyton Road area: There is considered to be capacity for dwellings together with space for a major cultural or community facility at the northern end of the site.

•• SW2 Enterprise Centre and surrounding area: There is considered to be capacity for mixed use development across the SW2 Enterprise Centre and neighbouring sites. The area also has capacity for a significant number of new residential dwellings.

52 5 WORKING TOGETHER TO DELIVER

Table 1: Public Realm and Cycling Strategy - A Five to Ten Year Delivery Programme

Project 5.1.2 The Regeneration Programme Project Title Timescale / development links Number Tables 1-4 outline details of the associated public Pope's Road / Brixton Station Linked to Brixton Central development, 3-5 realm, movement and transport, and employment, 1a Road years skills and enterprise initiatives, which could 1b Station arcade 3-5 years be delivered as a result, and in support, of new development. Delivery of this programme will be Linked with initial phases of new mixed use 2 Somerleyton Road development of Somerleyton Road, 3-5 years enabled through partnership working and funded by a mix of developer contributions, capital receipts, 3a Atlantic Road 3-5 years Community Infrastructure Levy (CIL), and other Rail arch at corner Atlantic Linked with initial phases of new mixed use 3b public and private sources, including making bids to Road / Coldharbour Lane development of Somerleyton Road, 3-5 years external sources. Linked with initial phases of new mixed use 6a Coldharbour Lane east development of Somerleyton Road, 3-5 years 5.1.3 Public realm and cycling strategy Acre Lane from Porden Road to Linked to development of SW2 Enterprise 11 Brixton Road junction Centre, 3-5 years It is important, to ensure a consistent and coherent approach, that an overarching public realm and 7 Electric Avenue 5-7 years cycling strategy for the whole area is designed as 8 Brixton Road north 5-7 years one complete programme. Individual projects will 4 St Matthew’s Peace Gardens 5-10 years emerge at various stages as major developments Linked to Phase II Somerleyton Road, 5-10 are progressed and funding becomes available. The 5 Somerleyton Passage years public realm and cycling strategy will be developed, 6b Coldharbour Lane west 5-10 years designed and delivered with the involvement of local communities, ward Councillors and funding partners 9 Brighton Terrace 5-10 years over the next 5-10 years. Potentially linked to Police Station site, 5-10 10 Space in front of Police Station years The development of the public realm and cycling Note strategy will include undertaking feasibility studies, Projects are not listed in any priority order agreeing priorities, refining costs and timescales. It will involve undertaking some early projects to kick-start the programme. Potential partners include: Network Rail, Transport for London, the Greater London Authority, Southeastern Trains, the Metropolitan Police, English Heritage and the business community.

BRIXTON SPd May 2013 53 Table 2: Movement Strategy 5.1.4 Movement strategy The Movement Strategy will depend on partnership Project Title Proposals Partners working and negotiation with TfL, Southeastern Lifts and improved staircases to existing station Trains, Network Rail and others. Brixton Rail station platforms, introduce new seating on platforms NR TfL LBL and better lighting throughout station environs. Potential projects are listed in Table 2. Identify site and explore potential for new taxi Taxi rank LBL TfL rank. 5.1.5 Employment and education Additional covered and managed cycle parking Support for employment, skills and enterprise Cycle parking LBL TfL provision. initiatives will be key to ensuring local people and businesses have access to any potential opportunities. Note Projects are not listed in any priority order Table 3 provides an indicative programme of the types of projects for which developer and other contributions Abbreviations will be sought. BL London Borough of Lambeth NR Network Rail TfL transport for London The different elements of the programme are subject to identified development sites, within the investment areas, coming forward. These identified key sites will play a critical role in kick starting the delivery of the investment and improvements envisaged. They are therefore expected to contribute directly to the delivery of this programme, the regenerative benefits of which are, collectively, seen as a priority for Brixton in terms of delivering transformational change to the town, which will directly benefit local communities. A balanced view on other policy requirements will need to be taken into account in this context.

This requirement is being made in light of the Council committing its own land assets to act as a catalyst to the delivery of this programme of improvements and investments. This process is already underway with the Council progressing the establishment of a new SW2 Enterprise Centre in and around the existing Town Hall site.

54 5 WORKING TOGETHER TO DELIVER

Table 3: Employment, Skills and Enterprise Further work will be required to continue to test and assess, in more detail, the viability and impact of Project Title Description redevelopment proposals for key sites and assets. This Developers should work with the relevant Council department or nominated partners to ensure that will enable the preparation of business cases, where Access to vacancies / local people can access jobs during construction and in the end use of all new developments in the appropriate, and the more detailed assessment of job brokerage area. A range of support mechanisms exist in the borough to assist in this activity. Contributions to the concepts outlined in this SPD, including the phasing existing borough-wide scheme will be sought. of development, funding issues and timescales for Employment and Skills All developments should have a clearly defined employment and skills plan stating how local implementation. Plans employment and skills commitments will be met.

The Council and its partners have a strong commitment to increasing the number of apprenticeships Other sites not specifically identified in this SPD Apprenticeships offered in the borough. We would encourage all developments in the area to consider will be subject to the Council’s policy framework, apprenticeships as a viable route to supporting local residents into work. as set out in the adopted development plan. The A skilled workforce is crucial to support a strong, vibrant and prosperous local economy. A programme of improvements identified here will Training and Skills commitment to ongoing workforce development utilising local training providers is welcomed. however be relevant to any major site coming forward

Partnerships and and appropriate contributions to the delivery of this engagement with Businesses should actively form meaningful partnerships with learning providers in the borough. School programme will be sought. Schools, Colleges and visits, work experience opportunities are strongly encouraged. other learning providers The SPD covers the whole of the designated town Brixton Business centre and extends east to Moorland Road to Various associated work streams to support the development of a BID and business networks; support Improvement District for demonstration projects. include the Moorlands Estate, Southwyck House and (BID) Somerleyton Road. In so doing, the SPD area covers Affordable and flexible land in many uses, interests and ownerships. It also The provision of affordable and flexible workspace for SMEs and start-ups. workspace covers significant areas of transport infrastructure, Professional support, guidance and mentoring to support and upskill in growing sectors i.e. food/ including road, railway and underground. It is Sector support creative/cultural industries. therefore extremely important that the SPD is endorsed and supported by as wide a range of Destination Brixton Promotional activities. stakeholders as possible, including existing land Young Entrepreneurs As with sector support targeting young entrepreneurs. owners and the wider local community.

Table 4: Education

Project Title Description

Additional school places There is a need for two additional forms of entry, which could be provided at Hill Mead Primary School. Notes Costs are estimated annual costs

BRIXTON SPd May 2013 55 5.2 Key principles for partnership working

Lambeth Council is a cooperative Council and •• Local residents’ and tenants’ groups and is committed to working collaboratively and in associations; partnership with Lambeth’s local communities. •• Community interest groups and societies which The SPD will be used as the basis for partnership take an area-wide perspective and campaign for working between public agencies, landowners and local improvements and investments; local community stakeholders in Brixton, setting out a •• Local faith groups; shared vision and direction for the area. •• Representatives from some of the key local cultural attractions and the wider local evening economy The investment and improvement programme business community; included in this section is relevant to all major •• Representatives from the authorities and developments in the SPD area. The Council expects administrative bodies that help keep Brixton contributions, to the implementation and delivery running for example the local police force and of these improvements, to be made by all major Lambeth Council; developments coming forward within the Brixton SPD •• Representatives of the interests of local children area. and young people; and •• Representation from some of the centre’s key In order to help coordinate the regeneration of, and landowners such as Network Rail and Metropolitan investment in, the town the Council is committed Housing Trust. to working with key partners. This may lead to the establishment of formal partnerships in the longer- The programme of improvements and investments term. outlined in this SPD forms the basis of an agenda and programme for partnership working. Relevant officers Key strategic partners: and stakeholders would report on the progress being •• Local businesses from a wide cross-section made on individual projects. of interests including the various markets, independent traders and representatives from more Leisure and cultural facilities are key to Brixton’s established high street names (work has been identity and unique character and its ongoing vitality progressing to explore the potential of establishing and viability. The Brixton Recreation Centre is a very a Business Improvement District Company (BID) popular and well-used facility in the heart of the town. led by businesses / business rate payers in the Lambeth will work with users, user groups, residents area); and other key stakeholders to ensure a quality and •• Network Rail and Transport for London, especially accessible leisure and community offer is maintained in relation to transport interchange improvements in the long term for existing and future generations. and railway land, such as the space under the arches.

56 5 WORKING TOGETHER TO DELIVER

5.3 BRIXTON’S TOWNSCAPE HERITAGE 5.4 CONTRIBUTIONS FROM DEVELOPERS

Much of Brixton town centre lies within a Implementation of the Brixton SPD will coincide conservation area. It is important that this area is with the introduction of Lambeth’s Community protected and developed in ways which will enhance Infrastructure Levy (CIL). The CIL is a borough- its unique historic character. Working with key wide levy on new development floorspace designed community stakeholders and others, the Council to ensure that the community infrastructure will seek appropriate sources of funding and partner requirements of new development are met. resources to improve the historic fabric and visual appearance of key commercial and other building A study prepared to inform the introduction of CIL frontages. in Lambeth has identified an overall infrastructure funding gap. It is anticipated that the Regeneration The aim will be to refurbish historic / architectural Programme in Brixton would be funded by bringing features and bring upper floors back into productive together a number of funding sources which could use. Potential resources include: Townscape Heritage include CIL and, for example, capital receipts, Initiative Funding, English Heritage, local business partners' resources, and external grants. and landowners. Some of these partner initiatives will have the potential to provide useful community It should also be noted that, following the introduction learning, training and capacity building. of CIL, it will still be appropriate for new development to directly fund site-specific infrastructure through Section 106 agreements.

The Council will work with the community and its partners to prioritise projects identified in this SPD to ensure resources are directed where they can bring the greatest benefits.

In particular, it is noted that developer contributions should be used to improve the station, as well as mitigate any impact on its safe and efficient operation.

BRIXTON SPd May 2013 57 5.5 DELIVERY MECHANISMS

It is very important that appropriate delivery among these are the SW2 Enterprise Centre, the sites mechanisms are identified in order to ensure the north of the railway within Brixton Central and the comprehensive delivery of the Future Brixton majority of the identified sites within the Somerleyton programme. Road area.

The emphasis for delivery of the SPD and, in There are some key triggers associated with strategic particular, the Future Brixton programme, will be on pieces of land, which will affect the phased delivery the basis of partnership and collaborative working. of sites. The temporary ice rink site at Pope’s Road There may, however, be scope to use the public is available for development from 2014, while the site sector's compulsory purchase powers. These may be at the northern end of Somerleyton Road is currently required to ensure comprehensive delivery of the SPD required for temporary education uses until 2015. and programme proposals within an appropriate time scale. They may assist in the bringing forward of While the four investment areas are largely multiple property interests, where land assembly may independent of each other, land within the them is prove to be challenging. The Council will also use its likely to become available as progress on other sites own assets. across the SPD area and beyond is made.

It is important that development within the SPD area However, given the long term nature of the strategy, is carefully phased (whilst maintaining momentum). it remains important that the SPD has the flexibility Efforts will need to be made to minimise local to respond to changing market circumstances, disruption so that new development can benefit from particularly as initial phases of development are infrastructure improvements. Phasing will also be brought forward, and perceptions of (and values importing in avoiding over-supply of specific land- within) the Brixton area begin to change. uses. Regarding the Future Brixton Programme, the underlying principle is that the programme is delivered in a self-financing way.

The development viability and deliverability of the key development sites has been considered and assessed during the preparation of this SPD. While some, generally privately owned, sites will come forward independently, most of the Council-owned sites in the Brixton SPD area are linked in terms of delivery. They therefore all have a role to play in the delivery of the Future Brixton regeneration programme. Principal

Planning, Regeneration and Enterprise Lambeth Council Phoenix House 10 Wandsworth Road London SW8 2LL lambeth.gov.uk/FutureBrixton

Allies and Morrison Urban Practitioners

85 Southwark Street London SE1 0HX telephone 020 7921 0109 facsimile 020 7921 0101 web am-up.com Human rights: human lives

A handbook for public authorities

Contents

Foreword 1

Part 1: Background 2 Basics 2 Who should use this handbook and why? 2 What is the European Convention on Human Rights? 2 What is the Human Rights Act? 3 How does the Human Rights Act affect me? 6

Part 2: The Convention rights in more detail 7 Article 2 – Right to life 7 Article 3 – Prohibition of torture 10 Article 4 – Prohibition of slavery and forced labour 13 Article 5 – Right to liberty and security 15 Article 6 – Right to a fair trial 18 Article 7 – No punishment without law 24 Qualified rights: Articles 8 to 11 26 Article 8 – Right to respect for private and family life 26 Article 9 – Freedom of thought, conscience and religion 31

Article 10 – Freedom of expression 34 Article 11 – Freedom of assembly and association 36 Article 12 – Right to marry 38 Article 14 – Prohibition of discrimination 40 Protocol 1, Article 1: Protection of pr operty 44 Protocol 1, Article 2: Right to education 46

Protocol 1, Article 3: Right to free elections 48

i Part 3: Guidance and information 50 Human rights flowchart 50 Human rights flowchart explained 52 Points to remember 56 Balancing one person’s rights against those of the community 56 Three types of rights 56

Proportionality 57 The margin of appreciation 58 Positive obligations 58 Frequently asked questions 60 Jargon buster 62 Relevant organisations and contacts 63 Useful websites 63

MoJ acknowledges the work done by Jenny Watson and Mitchell Woolf on their book ‘Human Rights Act Toolkit’ (LAG: London) which forms the basis for some sections in Part 3 of this handbook. We are extremely grateful to them for allowing this material to be used.

ii Foreword

This guide is designed to assist officials in public authorities to implement the Human Rights Act 1998.

It aims: has had a lot of bad press recently – most of it undeserved. • to raise your awareness of the different rights and freedoms protected by the A review of the Act, commissioned by the Human Rights Act, and Prime Minister, was published in July 2006 and concluded that, while the Act has to show you, through actual • been beneficial, there are misconceptions examples, how to consider the about it; there is a general lack of potential human rights impact of your understanding of it; and there isn’t enough work, whether you are delivering guidance to help in applying the Act. This services directly to the public or handbook is designed to fill that gap. devising new policies and procedures. What you will find in this handbook This guide is deliberately expressed in general terms in order to be as useful • information relevant to people working and relevant as possible to all types of at all levels within any public authority public authority. Some will find that it the background on where the Human meets their requirements as it stands. • Rights Act originated and what rights Others may wish to use it as a point of it enshrines (Part 1) departure and reference tool for the development of guidance tailored to • explanations of each of the rights and their own particular needs. how they may be relevant to different public authorities (Part 2) We welcome feedback on the usefulness of the handbook, and any suggestions • reallife examples and case studies to improve it. You can contact us: that show how human rights work in practice (Part 2) • by writing to: Ministry of Justice, Human Rights Division, 7th Floor, • a jargon buster and answers to 102 Petty France, London, SW1H 9AJ frequently asked questions (Part 3) • by telephone: 020 3334 3734 • details on where to find further • by email: information and useful contacts [email protected] (Part 3). What you will not find in this handbook Why we wrote this handbook • a substitute for proper legal advice or an exhaustive explanation of human All those who work in public authorities, rights law: always take proper legal whether devising policy or procedures or advice if you have a specific issue to delivering services directly to the public, deal with must act in a way that’s compatible with the Human Rights Act 1998. • detailed sectorspecific information. This guide is deliberately generic to The Act is all about treating individuals make it as relevant as possible to a fairly, with dignity and respect – while broad range of public authorities still safeguarding the rights of the wider community. But the Human Rights Act • lots of legal jargon. 1 Part 1

Background Basics

Who should use this handbook and why? If you work in a public authority this handbook can help you to understand how the Human Rights Act relates to what you do and how you do it. The handbook is designed to give you information on how human rights are r elevant to your role and what obligations public authorities have under the Human Rights Act. After reading this we hope you will feel confident in dealing with human rights issues in your daytoday work, whether you are in central or local government, the police or armed forces, schools or public hospitals, or any other public authority.

What is the European The Convention is made up of a series of Articles. Each Article is a short Convention on statement defining a right or freedom, Human Rights? together with any permitted exceptions. For example: “Article 3 – Prohibition of The European Convention on Human torture. No one shall be subjected to Rights was drafted after World War II torture or to inhuman or degrading by the Council of Europe. The Council treatment or punishment.” The rights in of Europe was set up as a group of the Convention apply to everyone in the likeminded nations, pledged to defend states that have signed the Convention. human rights, parliamentary democracy Anyone who believes that a state has and the rule of law, and to make sure breached their human rights should first that the atrocities and cruelties take every possible step to have their committed during the war would never case resolved in the domestic courts of be repeated. The UK had a major role in that state. If they are unhappy with the the design and drafting of the Eur opean result they can then take their case to Convention on Human Rights, and the European Court of Human Rights, ratified the Convention in March 1951. set up by the European Convention The Convention came into force in on Human Rights and based in September 1953. Strasbourg, France.

2 Part 1 Background

What is the Human Article 4: Prohibition of Rights Act? slavery and forced labour The Human Rights Act came into effect Everyone has the absolute right not to in the UK in October 2000. The Act be treated as a slave or to be required to enabled people in the UK to take cases perform forced or compulsory labour. about their human rights to a UK court. Previously they had to take complaints about their human rights to the Article 5: Right to liberty European Court of Human Rights in Strasbourg. and security Everyone has the right not to be deprived of their liberty except in limited What are human rights? cases specified in the Article (for There are 16 basic rights in the Human example where they are suspected or Rights Act, all taken from the European convicted of committing a crime) and Convention on Human Rights. They provided there is a proper legal basis in don’t only affect matters of life and UK law for the arrest or detention. death like freedom from torture and killing; they also affect people’s rights in everyday life: what they can say and do, Article 6: Right to a fair trial their beliefs, their right to a fair trial and many other similar basic entitlements (a Everyone has the right to a fair and more detailed explanation of the types of public hearing within a reasonable rights is at page 53). period of time. This applies both to criminal charges brought against them, and in cases concerning their civil rights Article 1 and obligations. Hearings must be before an independent and impartial This article is introductory and is not court or tribunal established by law. It is included in the Human Rights Act. possible to exclude the public from the hearing (though not the judgment) if that is necessary to protect things like Article 2: Right to life national security or public order. A person who is charged with a criminal Everyone’s right to life must be offence is presumed innocent until protected by law. There are only very proven guilty according to law and must limited circumstances where it is also be guaranteed certain minimum acceptable for the state to use force rights in relation to the conduct of the against a person that results in their criminal investigation and trial. death, for example a police officer can use reasonable force in selfdefence.

Article 3: Prohibition of torture Everyone has the absolute right not to be tortured or subjected to treatment or punishment that is inhuman or degrading. 3 Human rights: human lives

Article 7: No punishment Article 10: Freedom of without law expression Everyone has the right not to be found Everyone has the right to hold opinions guilty of an offence arising out of and express their views on their own or actions which, at the time they were in a group. This applies even if these committed, were not criminal. People views are unpopular or disturbing. This are also protected against later right can be restricted only in specified increases in the maximum possible circumstances. sentence for an offence.

Apart from the right to hold particular Article 11: Freedom of beliefs, the rights in Articles 8 to 11 may be limited where that is assembly and association necessary to achieve an important Everyone has the right to assemble with objective. The precise objectives for other people in a peaceful way. They which limitations are permitted are also have the right to associate with set out in each Article – they include other people, which includes the right things like protecting public health or to form a trade union. These rights safety, preventing crime and may be restricted only in specified protecting the rights of others. circumstances.

Article 8: Right to respect Article 12: Right to marry for private and family life Men and women have the right to marry Everyone has the right to respect for and start a family. The national law will their private and family life, their home still govern how and at what age this and their correspondence. This right can take place. can be restricted only in specified circumstances. Article 13 This article is not included in the Human Article 9: Freedom of Rights Act. thought, conscience and religion Everyone is free to hold a broad range of views, beliefs and thoughts, and to follow a religious faith. The right to manifest those beliefs may be limited only in specified circumstances.

4 Part 1 Background

Article 14: Prohibition of Article 1 of Protocol 13: discrimination Abolition of the death In the application of the other penalty Convention rights, people have the right This provision prohibits the use of the not to be treated differently because of death penalty. their race, religion, sex, political views or any other personal status, unless there Part 2 covers each of these rights is an ‘objective justification’ for the (except Article 1 of Protocol 13) and difference in treatment. Everyone must how they are relevant to public have equal access to the Convention authorities in more detail. rights, whatever their status.

Article 1 of Protocol 1: What impact does the Protection of property Human Rights Act have on public authorities? (A ‘protocol’ is a later addition to the Convention.) • Public authorities have an obligation to treat people in accordance with Everyone has the right to the peaceful their Convention rights (see pages enjoyment of their possessions. Public 7–49 for a more detailed explanation). authorities cannot usually interfere with a Anyone who feels their rights have person’s property or possessions or the been infringed by a public authority way that they use them except in can take their complaint to a UK court specified limited circumstances. or tribunal. • Wherever possible, existing legislation Article 2 of Protocol 1: must be applied in a way that is compatible with the rights set out in Right to education the Act. This means that legislation under which public officials operate Everyone has the right not to be denied may have to be interpreted and access to the educational system. applied in a different way than before the Act came into force. Article 3 of Protocol 1: Right to free elections Elections for members of the legislative body (for example Parliament) must be free and fair and take place by secret ballot. Some qualifications may be imposed on who is eligible to vote (for example a minimum age).

5 Human rights: human lives

How does the Human “Where after all, do universal Rights Act affect me? human rights begin? In small • Public authorities have an obligation places, close to home – so close to act in accordance with the and so small that they cannot be Convention rights, and therefore seen on any maps of the world. public officials must understand Yet they are the world of the human rights and take them into individual person; the account in their daytoday work. neighborhood he lives in; the This is the case whether officials are school or college he attends; the delivering a service directly to the factory, farm or office where he public or devising new policies works… unless these rights have or procedures. Understanding meaning there, they have little human rights can help in making meaning anywhere. Without the right decisions. concerted citizen action to uphold them close to home, we When it comes to decision making, • shall look in vain for progress in the rights of one person often have to the larger world.” be balanced against the rights of others or against the needs of the Eleanor Roosevelt, Chairman broader community (there is more of the United Nations detail on this in Part 3). But if you Human Rights Commission, 1948 have to restrict somebody’s rights, you must make sure that you are not using a sledgehammer to crack a nut. Any restriction must be no greater than is needed to achieve the objective. This is called ‘proportionality’. • Always bear in mind that some Convention rights are absolute and can never be interfered with (for example the right not to be subjected to torture or inhumane or degrading treatment or punishment).

6 Part 2 The Convention rights in more detail

Article 2 Right to life

What does this right mean? Public safety • ‘The right to life’ means that the state The fact that a policy/decision restricts a has an obligation to protect life. This Convention right does not necessarily means, generally, that the state must mean that it will be incompatible with not take the lives of its citizens. the Convention. It is a fundamental responsibility of the state – arising from However, there are three very limited • Article 2 of the Convention itself – to circumstances when taking life may take appropriate steps to protect the not contravene Article 2: safety of its citizens. So while some – when defending oneself or rights conferred by the Convention are someone else from unlawful absolute (for example the right not to be violence subjected to torture or inhuman or degrading treatment or punishment), in – when lawfully arresting someone or general the rights of one person cannot preventing the escape of someone be used to ‘trump’ the right of the lawfully detained general public to be kept safe from a – when acting lawfully to stop a real risk of serious injury or loss of life. riot or insurrection. In particular the rights in Articles 8 to 11 can be restricted where it is necessary and proportionate to do so in order to Nevertheless, even if the action protect public safety. taken by the public authority falls into one of these three categories, any force used must be no more than absolutely Is Article 2 relevant to my necessary, which means that it work? must be strictly proportionate to Article 2 will be relevant particularly if the situation. you are involved in any of the following: policy decisions that may affect Article 2 also requires the state to • • someone’s right to life take certain positive steps to protect the lives of people within its • care for other people or protecting jurisdiction. For example, the taking of them from danger life must be illegal under a state’s law. • investigation of deaths Article 2 can also create a more active • you have the power of arrest obligation to protect life, for example • where a public authority is aware of a • you are a police officer, prison officer real and imminent threat to someone’s or parole officer life, or where a person is under the you suspect that someone’s life is care of a public authority. • at risk. • Protection of the right to life may in certain circumstances also require an official investigation into deaths.

7 Human rights: human lives

What must a public deaths resulting from the use of force by a public authority. This authority do? duty to investigate may also be Article 2 impacts on the work of public triggered in other situations where authorities in many different ways. there has been a suspicious or For example: unlawful killing. • If a public authority knows of the • If a public authority is planning an existence of a real and immediate operation which may result in a risk risk to someone’s life from the to life, the control and organisation criminal acts of another individual, of the operation must be such as to then it should take appropriate ensure that only the minimum preventive operational measures to necessary force is used. protect that person. • Where the work of a public • If a public authority undertakes car e of authority concerns persons known a person, for example by putting them to be dangerous, there is an in prison or placing them in a home, obligation to take appropriate steps then it must take appropriate steps to to safeguard the public from such ensure that the person is safe. persons. For example this will be relevant to the parole and • The protection of the right to life also probation services, the police means that there should be an and social services. effective official investigation into

8 Part 2 The Convention rights in more detail

Article 2 in practice

Case study

Osman v United Kingdom (1998) A teacher had developed an unhealthy interest in one of his pupils that included following him home, locking him in a classroom, vandalising his home and victimising his school friend. The teacher’s behaviour was reported to the headmaster and to the police. The teacher subsequently shot the pupil and his father, injuring the pupil and killing his father. The European Court of Human Rights found that the police had not failed in their duty under Article 2 to safeguard the father’s right to life. There was insufficient proof that the teacher posed a real and immediate threat to life which the police knew about or ought to know about. The positive obligation to safeguard life must not impose an impossible or disproportionate burden on public authorities.

Case study Best practice Pretty v United Kingdom (2002) example A woman suffering from an A social worker from the incurable degenerative disease domestic violence team at a wanted to control when and how local authority used human she died. In order to avoid an rights arguments to secure undignified death through new accommodation for a respiratory failure, she wanted her woman and her family at risk husband to help her commit suicide and sought an assurance that he of serious harm from a violent would not be prosecuted for any expartner. She had received involvement in her death. The training on the ‘positive European Court of Human Rights obligations’ placed on the found that Article 2 does not cr eate local authority to protect the an entitlement to choose death right to life (under Article 2) rather than life. Accordingly, there and the right to be free from was no right to die at the hands of a third person or with the assistance inhuman and degrading of a public authority. treatment (under Article 3). (Example provided by the British Institute of Human Rights).

9 The Convention rights in more detail

Article 3 Prohibition of torture

What does this right mean? Is Article 3 relevant to my • It is absolutely forbidden to subject work? any person to torture or to any Article 3 will be relevant particularly if treatment or punishment that is your job involves any of the following: inhuman or degrading. • caring for other people • detaining people or looking after Key words and meanings those in detention Conduct that amounts to any one of • removing, extraditing or deporting these forms of ill treatment will be in people from the UK breach of Article 3. • working in a place where someone Torture – deliberate infliction of severe may be inadvertently placed in a pain or suffering, whether to punish or humiliating position, for example in intimidate, or to obtain information. nursing homes or hospitals. Inhuman treatment – treatment which is less severe than torture but still causes serious physical and/or mental pain or suffering. Degrading treatment – treatment arousing feelings of fear, anguish and inferiority capable of humiliating and debasing the victim.

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What must a public Article 3 in practice authority do? Case study • There is a negative obligation to refrain from subjecting people to torture or to inhuman or degrading Z v United Kingdom (2001) treatment or punishment. But in some A local authority failed to separate cases this may necessitate the four children from their mother even application of extra resources in order to prevent inhuman or though it was clear that the children degrading treatment. were being subjected to an unacceptable level of abuse and • There is a positive obligation on public authorities to intervene to stop neglect over a fouryear period. The torture, inhuman or degrading Court found that the authority had a treatment or punishment as soon as positive obligation to remove the they become aware of it, even if a children as soon as they became private individual is carrying it out. aware of abuse that might amount • There is an obligation not to expose a to inhuman or degrading treatment. person to torture or inhuman or degrading treatment or punishment, which means that a person must not be removed, extradited or deported to a country in which there is a real risk that they will be treated in such a way. • There is a positive obligation on states to investigate any allegations of torture or of inhuman or degrading treatment or punishment.

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Case study

McGlinchey and others v United Kingdom (2003) A woman who had a heroin addiction and suffered from asthma was sentenced to four months in prison. While there, she suffered severe heroin withdrawal symptoms including vomiting and weight loss. A doctor who visited her when she arrived advised the nursing staff to monitor her symptoms. Her condition deteriorated over a weekend, but the nursing staff did not call out a doctor, nor did they transfer her to a hospital. On the Monday morning she collapsed and was immediately admitted to hospital, where she died. The European Court of Human Rights held that the Prison Service had breached Article 3 because it had failed to take appropriate steps to treat the prisoner’ s condition and relieve her suffering, and had failed to act sufficiently quickly to prevent the worsening of her condition.

Best practice examples A health trust has used the Human Rights Act to strengthen its policies against harrassment and bullying. (Example taken fr om the Audit Commission, Human Rights – Improving Public Ser vice Delivery (2003) A disabled man stopped attending his scheduled medical appointments at the local hospital because he felt humiliated by the hospital’s practice of examining him in front of a large group of people including students. Following training, he learnt that Article 3 (prohibition of inhuman or degrading treatment) protected his dignity and felt empowered to use these human rights standards to question the practice and ask to be seen only by his doctor. (Example provided by the British Institute of Human Rights)

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Prohibition of slavery and Article 4 forced labour

What does this right mean? Key words and meanings • Everyone has an absolute right not to • Slavery and servitude are closely be held in slavery or servitude or be connected, but slavery involves being required to perform forced or owned by another person – like a compulsory labour. possession – whilst servitude usually involves a requirement to live on • The Article states that there are four another’s property and with no types of work that are not to be possibility of changing the situation. considered as forced or compulsory labour: • Forced or compulsory labour arises when a person is made to work or – work done during legitimate perform a service against their will, detention or on conditional release and where the requirement to do the from detention (i.e. prison work or work is unjust or oppressive, or the community service) work itself involves avoidable – compulsory military service or hardship. It can cover all kinds civilian service as a conscientious of work and services. objector – community service in a public emergency Is Article 4 relevant to my – any work that forms part of a normal work? civic obligation (for example Article 4 will be relevant particularly if you: compulsory fire service, or maintaining a building if you are a • suspect that someone is being forced landlord). to work without suitable recompense • have powers to make people work in an emergency.

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What must a public authority do? • Ensure all staff are properly recompensed for the work they do. • There is a positive obligation on public authorities to intervene to stop slavery, servitude or forced or compulsory labour as soon as they become aware of it.

Article 4 in practice

Case study

Siliadin v France (2005) A 15yearold girl was brought into France from Togo by ‘Mrs D’, who paid for her journey but then confiscated her passport. It was agreed that the girl would work for Mrs D until she had paid back her air fare, but after a few months she was ‘lent’ to ‘Mr and Mrs B’ who forced her to work for 15 hours a day, 7 days a week with no pay, no holidays, no identity documents and without her immigration status being regularised. The girl wor e secondhand clothes and did not have her own room. The authorities intervened once they were alerted to the situation. However, at the time, slavery and servitude were not specifically criminalised in France. The European Court of Human Rights held that the girl had been held in servitude and that France had breached its positive obligations under Article 4, because French law had not afforded the girl specific and effective protection.

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Article 5 Right to liberty and security

What does this right mean? Other rights under Article 5 • Everyone has the right to liberty and Article 5 also concerns the procedures security of person. This amounts to a that must be followed by those who right not to be ‘arrested’ or ‘detained’ have power to arrest or detain others. even for a short period. This right is It gives the detained person the right: subject to exceptions where the to be told promptly of the reasons for detention has a proper legal basis in • their arrest and of any charge against UK law and falls within one of the them, in a language which they can following categories of detention understand. The information must be permitted by Article 5: given in simple, nontechnical terms. – following conviction by a criminal This applies to any detention (e.g. court detention of mental patients), and is not limited to arrests of criminal – for a failure to obey a court or der or suspects legal obligation (for example not paying a criminal fine) • to be brought ‘promptly’ before a judge or judicial officer. This applies – to ensure that a person attends a only to criminal offences court if there is a reasonable suspicion that they have committed • to be tried for a criminal offence a crime, or if it is reasonably within a ‘reasonable time’ necessary to prevent them to challenge the lawfulness of their committing a crime or escaping • detention before an independent after they have done so judicial body which will give a speedy – to ensure that a minor receives decision and order their release if the educational supervision or attends detention is found to be unlawful court • to obtain compensation if he or she – in relation to a person who is shown is arrested or detained in breach to be of unsound mind, an alcoholic, of Article 5. a drug addict or a vagrant, or who In cases considering Article 5, the may spread an infectious disease if European Court of Human Rights has not detained set out principles to be applied in a – to prevent unauthorised entry into range of areas such as mental health the country or in relation to a person detention, or bail in criminal cases. In against whom steps are being taken the case of the latter, national law must with a view to deportation or generally allow bail pending a criminal extradition. trial, unless: • there is a danger that the accused will not attend the trial, and the court cannot identify any bail conditions that would ensure his attendance

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• there is a danger that the accused will What must a public destroy evidence, warn other possible suspects, coordinate his story with authority do? them, or influence witnesses • Ensure that any arrest or detention is • there are good reasons to believe that lawful and is covered by one of the the accused will commit further specified exceptions to the right to offences while on bail, or liberty (which are listed above). • the seriousness of the crime and the • Ensure that any arrest or detention public reaction to it are such that is not excessive in the particular release would cause a public circumstances you are dealing with. disturbance. • Take all reasonable steps to bring a detained criminal suspect promptly before a judge. Is Article 5 relevant to my • Take all reasonable steps to facilitate work? the detained person’s right to challenge the lawfulness of his Article 5 will be relevant particularly if detention before a court. you are involved in any of the following: • Obtain reliable evidence from an • arresting or detaining people objective medical expert for detention • limiting or curtailing people’s liberty on mental health grounds. • reviewing the detention of mental • Tell the person detained in a simple, health patients clear, nontechnical way – and without delay – why they are being deprived • military discipline procedures. of their liberty. If they do not speak English, then get an interpreter to translate into a language that they can understand.

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Article 5 in practice

Case study

Austin v Metropolitan Police Commissioner (2005) On May Day in 2001, thousands of people took part in a political demonstration in Oxford Circus, London, halting traffic and ordinary business. The police had been given no prior warning of the protest and the demonstrators were generally uncooperative. The police cordoned off an area that held some of the demonstrators and nonparticipants. The cordon was maintained for over seven hours, and physical conditions within the cordon became unacceptable. One demonstrator and one bystander caught up in the action brought their cases to the courts. The High Court held that the cordoning off action implemented by the police had resulted in the deprivation of liberty of all those held, but was justified as falling within one of the specified exceptions to the right to liberty because the police had taken the action to prevent crimes of violence.

Best practice example A hospital psychiatric department held a number of mental health detainees who spoke little or no English. Members of a user led mentalhealth befriending scheme were concerned about the fact that the services of an interpreter were not available when detaining these patients. They used human rights arguments based on the right to liberty (under Article 5) and the right not to be discriminated against on the basis of language (under Article 14) to argue successfully for a change in the hospital’s practice of failing to provide an interpreter. (Example provided by the British Institute of Human Rights)

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Article 6 Right to a fair trial

What does this right mean? What is a ‘criminal charge’? Everyone has the right to a fair trial in Anything that amounts to a criminal cases where: charge in UK law will always be criminal under Article 6. But that is not the end of • there is a dispute about someone’s the matter. There are also certain other ‘civil rights or obligations’, or penalties that are not called ‘criminal • a criminal charge is brought against charges’ in UK law (and do not result in someone. a criminal conviction or criminal record), but which are considered to be ‘criminal’ The right includes: under Article 6. This is because the • the right to a fair hearing classification of a penalty under UK law is not conclusive of a ‘criminal charge’ • the right to a public hearing (although under Article 6. What matters is whether there are circumstances where it is the nature of the ‘offence’ for which the permissible to exclude the public and penalty is imposed, and the seriousness press, for example to protect a child of the possible punishment, make it very or national security interests) similar to a criminal charge. For • the right to a hearing before an example, a penalty that involves independent and impartial tribunal detaining a person in custody, perhaps in a military discipline case or following • the right to a hearing within a a contempt of court, is likely to be reasonable time. regarded as ‘criminal’ for the purposes of Article 6. In the same way, a fine that is imposed to punish and deter people What kinds of cases are from doing certain things (such as evading tax or transporting illegal covered by Article 6? immigrants into the UK) may also be The terms ‘criminal charge’ and ‘civil regarded as criminal for Article 6 rights or obligations’ have very specific purposes, even though it is not part of meanings under Article 6. It is important the criminal law in the UK. to know which type you are dealing with because the protection afforded by Article 6 is more extensive if there is a What is a ‘civil right or obligation’? ‘criminal charge’ at stake. It is not Civil rights and obligations include rights always easy to determine whether a and obligations that are recognised in penalty is a ‘criminal charge’ or whether UK law, for example contractual rights or a dispute involves a ‘civil right or property rights etc. Again, UK law is not obligation’ under Article 6. Some conclusive of the matter because ‘civil disputes will fall outside the scope of rights or obligations’ has its own special Article 6 altogether. This is an area which meaning under Article 6. Essentially this has generated a lot of cases through the term describes cases involving disputes courts. So if you are dealing with a about private rights or the use of penalty of some kind and you are not administrative powers which affect sure whether Article 6 applies, or private rights, for example contracts, whether the penalty is criminal or civil planning decisions, property disputes, under the Article, then you should obtain family law or employment law. further advice.

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What sort of cases fall outside • litigants who keep bringing cases Article 6? without merit Article 6 does not always cover disputes • bankrupts under immigration legislation, or minors concerning extradition, tax, or voting • rights. These will often fall outside the • people who are not within a timelimit scope of Article 6 altogether. or limitation period for bringing a case • other people where there is a legitimate interest in restricting their What about appeals? rights of access to a court, provided Article 6 does not guarantee a right of that the limitation is not more appeal but the general guarantees of restrictive than necessary. Article 6 apply to the first level of proceedings, as well as to any appeal which is available. However, some of the The right to reasons more specific rights, such as the right to Article 6 generally includes a right to a an oral hearing or to a public hearing, reasoned decision, so that people know may not apply in full to an appeal. the basis for the decision sufficiently If a case is decided by a nonjudicial clearly to decide whether they can body, such as an administrative authority challenge it further. rather than a court, the proceedings may not always meet the full standar d in Article 6. However, this need not matter What about legal aid? (particularly if you are dealing with a ‘civil Article 6 does not give a general right to right or obligation’) if there is an appeal legal aid in every civil case involving a from the decision of that authority to a person who cannot afford to bring court or tribunal that does meet the proceedings (for legal aid in criminal Article 6 standard for fair trials and can cases, see page 23). However, legal aid deal with all aspects of the case. There may be required by Article 6 in some civil need not be a full rehearing of the facts cases, for example in cases or of the case, for example where the earlier proceedings that are very complex, or in hearing took place in public. circumstances where a person is required to have a lawyer representing them. The right of access to a court As well as ensuring that the pr oceedings What does the right to a fair hearing are conducted fairly, Article 6 gives you mean? the right to bring a civil case to court. This means, in essence, a person’s right The legal system must be set up in such to present their case and evidence to a way that people are not excluded from the court (or the administrative authority the court process. The right of access to who makes the decision) under court is not, however, unlimited and the conditions which do not place them at European Court of Human Rights has a substantial disadvantage when accepted that the following people can compared with the other party in the be restricted from bringing cases: case. This includes a right to have access to material held by the other

19 Human rights: human lives

side, and – if there is a hearing – the Similarly, members of the court or ability to crossexamine witnesses on decisionmaking body must be impartial, terms that are equal to the other side’s. and not show prejudice or bias or give Witnesses and victims also have any other grounds for legitimately Convention rights. Where they are young doubting whether they are being or vulnerable the court must do what it impartial. Sometimes a judge or an can to protect them and acknowledge administrative decisionmaker will have their rights. had some earlier involvement with the case before deciding the case. Or they may have links with either party, or very What does the right to a public strong views. Generally speaking, hearing mean? however, prior involvement will not necessarily mean that the judge or the In principle, this right means that both the administrative decisionmaker is not public at large and the press have access impartial. If there is no evidence of to any hearing under Article 6. But a actual bias, then the test is whether failure to provide a public hearing at the there is an appearance of bias. For first level of proceedings is not example, a judge or an administrative necessarily a breach of Article 6. For decisionmaker who decides a case example where the initial decisionmaker should not later be involved in the in a civil case is an administrative appeal against their own decision in the authority, then it may be sufficient to very same case because that would give provide a public hearing at the appeal the appearance of bias. stage (see below). In any case, the right to a public hearing can be subject to certain restrictions in the interests of Do administrative decisionmakers morals, public order or national security have to comply with these standards ? or where the interests of those under 18 or the privacy of the parties require an Decisions that are taken by exclusion of the public and the pr ess. administrative authorities, in cases However, any exclusion of the public affecting a ‘civil right or obligation’, do must only go as far as is necessary to not necessarily have to comply with the protect those interests. Even where the full requirements of Article 6 (such as the public have been excluded from the right to a public hearing), provided that hearing, the outcome of the case must be there is a right of appeal to a court or publicly available, whether it is read out tribunal that does comply with those by the court or available in written form. requirements. However, in some cases the decisionmaker may have a duty to act What does the right to an independent quasijudicially, for example by holding a and impartial tribunal mean? public hearing in a case where the facts The court or other body that decides a are in dispute between the parties. There case must be independent of the parties are also some types of decision which in that case. The way in which members should not be made by an administrative of the court or body are appointed or the authority (even at the very first level), but way they conduct a particular case can which should be allocated to a court. affect their independence. For example, a criminal charge should normally be tried by a court. Whether or

20 Part 2 The Convention rights in more detail

not the decisionmaker in a particular • the right of the accused not to say case is a fair and impartial tribunal for anything that may incriminate the purposes of Article 6 is therefore a themselves, often called the ‘right to developing and complex area, about silence’. However, if the accused which you might need specialist advice. exercises the right to silence, the court may be allowed to draw conclusions about why they chose to What does the right to a trial within remain silent. So there is no absolute a reasonable time mean? right to silence People are entitled to have their case • the right to be presumed innocent heard without excessive procedural until proven guilty, which means that delays. Whether or not a delay is it is usually for the prosecution to excessive will very much depend on the prove that the defendant is guilty of circumstances of the case, including: the offence • the type and complexity of the case • the right of the accused to be (for example, criminal cases and informed promptly of the details of the family cases involving children usually accusation made against them and in have a strict timescale) a language they can understand • the conduct and diligence in the case • the right to adequate time and of both sides facilities to prepare a defence case, including the provision of legal aid the conduct and diligence of the court. • where justice requires this, and the Inadequacy of resources (for example right to communicate with a lawyer in social workers or judges) is not an good time for the trial excuse for excessive delay. • the right of the defendant to question prosecution witnesses and to call and examine defence witnesses under the Additional rights in a same conditions criminal trial • the right of the defendant to defend themselves or the right to effective These include: legal assistance (which must be • the right of the defendant, as a funded by legal aid if the defendant general principle, to be in court during cannot afford it and it is in the their trial. If the defendant is in interests of justice for them to have custody it is the responsibility of the assistance) prison authorities to ensure they are the right to a free interpreter where at court. The defendant can waive • the accused cannot understand the their right to attend court, but they language used. must do so freely and clearly. However, if the defendant deliberately chooses to be absent from court when the trial is heard, the court may continue with the case and will not necessarily have breached Article 6 in doing so

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Is Article 6 relevant to my What must a public work? authority do? Article 6 will be relevant particularly if • Build in the necessary procedures to you are involved in: any process of awards, appeals or decisions to ensure that it meets the processing benefits, awards, permits, • Article 6 standard. or licences or if you deal with appeals and decisions • Ensure that any person who is subject to a decisionmaking process has decisionmaking procedures in the • access to an interpreter if needed. public sector, for example planning, child care, confiscation of property • If the original decisionmaking process does not comply with the the work of courts and tribunals. • necessary standard of fairness (perhaps because there was no public hearing) then ensure that there is an appeals process in place which complies with the Article 6 standard. • Ensure that any appeal process is readily available, fair and easily understood. • Ensure that adequate time and facilities are given to prepare a defence or an appeal.

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Article 6 in practice

Case study

H v United Kingdom (1987) A mother who suffered with mental health problems had her child taken into care after a safety order was made to protect the child. Shortly after this she married, her mental health improved and she made applications to the courts for staying access and then for care and control, both of which were refused. The court then terminated the mother’s access to the child with a view to putting the child up for adoption. Over a period of two years and seven months, the child’s mother and her husband persistently but unsuccessfully approached the council seeking to reestablish contact. The council delayed considerably and failed to notify them that the child had already been placed with an adoptive family. An adoption order was subsequently made, which ended all connections between the child and the natural parents. Procedural delays had meant that by the time of the adoption hearing, the child had been with her adoptive parents for 19 months and the mother had not had access to the child for over three years. The court found that the delay by the council was in breach of Article 6, particularly given the importance of what was at stake and the ‘irreversibility’ of adoption.

Best practice examples A local education authority has produced a ‘good practice guide to decisionmaking’ drawing on principles of good decisionmaking drawn from a range of sources including the Human Rights Act. The guide, which is designed for decisionmakers at all levels within the authority, contains a userfriendly checklist of issues to consider and procedures to follow while decisions are being made. (Examp le provided by the British Institute of Human Rights). A number of planning departments have allowed public participation at planning committees and changes to licensing procedures. (Example taken from the Audit Commission, Human Rights – Improving Public Service Delivery (2003) A borough council has improved its procedures for appeals by appointing an independent chair. (Example taken from the Audit Commission, Human Rights – Improving Public Service Delivery (2003)

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Article 7 No punishment without law

What does this right mean? Is Article 7 relevant to my • A person has the right not to be found work? guilty of a criminal offence for an act Article 7 will be relevant particularly if or omission they committed at a time you are involved in: when such an action was not criminal. Also, a person cannot be given a • creating or amending criminal law punishment which is greater than the prosecution of criminal offences maximum penalty available at the time • they committed the offence. • disciplinary action that leads to punishment, where the offence falls If, at the time the act or omission was • within the Convention concept of a committed, that act was contrary to criminal offence (see Article 6 above). the general law of civilised nations, then prosecution and punishment for that act may be allowed. This exception allowed for the punishment What must a public of war crimes, treason and authority do? collaboration with the enemy following World War II. • Take account of Article 7 when creating/amending criminal legislation. • Ensure that offences are clearly defined in law. • Ensure that criminal laws and punishments are not applied retrospectively.

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Article 7 in practice

Case study

R v Secretary of State for the Home Department, ex parte Uttley (2004) In 1995 a man was convicted of various sexual offences, including rape. He was sentenced to 12 years’ imprisonment. He was released after serving twothirds of his sentence, subject to licence conditions until threequarters of the way through the sentence. However, had he been convicted and sentenced at the time the offences took place, the legal provisions then in force would have entitled him to be released on remission without conditions. He argued that the imposition of licence conditions r endered him subject to a heavier penalty than that which was applicable at the time the criminal offence was committed, and that this was a breach of Article 7. The House of Lords disagreed. They held that Article 7 would only be infringed if a sentence imposed on a defendant exceeded the maximum penalty which could have been imposed under the law in force at the time the offence was committed. That was not the case here because, even at the date of the offences, the maximum sentence for rape was life imprisonment. Article 7 was not intended to ensure that the offender was punished in the exact same way as would have been the case at the time of the offence, but merely to ensure that he was not punished more heavily than the maximum penalty applicable at the time of the offence. In any event, the imposition of licence conditions did not render the sentence heavier than it would have been under the earlier regime.

25 The Convention rights in more detail Qualified rights: Articles 8 to 11 Right to respect for private Article 8 and family life

What does this right mean? Key words and meanings • Everyone has the right to respect for Private life – The concept of ‘private their private and family life, their home life’ is broad. In general, the right to a and their correspondence. private life means that a person has the right to live their own life with such This right may be restricted, provided • personal privacy as is reasonable in a such interference has a proper legal democratic society, taking into account basis, is necessary in a democratic the rights and freedoms of others. Any society and pursues one of the interference with a person’s body or the following recognised legitimate aims: way the person lives their life is likely to – national security affect their right to respect for their private life under Article 8. Article 8 rights – public safety encompass matters of selfdetermination – the economic wellbeing of the that may include, for example: country • freedom to choose one’s own sexual – the prevention of disorder or crime identity – the protection of health or morals • freedom to choose how one looks and dresses – the protection of the rights and freedoms of others. • freedom from intrusion by the media. But the interference must be necessary The right to private life can also include (not just reasonable) and it should not the right to have personal information, do more than is needed to achieve the such as a person’s official records, aim desired. photographs, letters, diaries and medical information, kept private and confidential. Any disclosure of personal information about someone to another person or body is likely to affect a person’s right to their private life under Article 8. Unless there is a very good reason, public authorities should not collect or use information like this; if they do, they need to make sure the information is accurate. Of course, they must also comply with data protection legislation.

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Article 8 places limits on the extent to Home – Everyone has the right to enjoy which a public authority can do things living in their home without public which invade a person’s privacy in authorities intruding or preventing them relation to their body without their from entering it or living in it. People also permission. This can include activities have the right to enjoy their homes such as taking blood samples and peacefully. This may mean, for example, performing body searches. that the state has to take positive action so that a person can peacefully enjoy In some circumstances, the state must their home, for example, to reduce take positive steps to prevent intrusions aircraft noise or to prevent serious into a person’s private life by other environmental pollution. A person’s people. For example, the state may be ‘home’ may include their place of required to take action to protect people business. A person does not have to from serious pollution where it is own their home to enjoy these rights. seriously affecting their lives. Correspondence – Again, the definition Family life – The right to respect for of ‘correspondence’ is broad, and can family life includes the right to have include communication by letter, family relationships recognised by the telephone, fax or email. law. It also includes the right for a family to live together and enjoy each other’s company. The concept of ‘family life’ under Article 8 is broader than that defined as ‘the nuclear family’. As such, it can include the relationship between an unmarried couple, an adopted child and the adoptive parent, or a foster parent and fostered child.

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Is Article 8 relevant to What must a public my work? authority do? Article 8 will be relevant particularly if • Always be alert to policies or actions you are involved in any of the following: that might interfere with a person’s right to respect for their private and accessing, handling or disclosing • family life, their home and their personal information correspondence. entry to properties (including • Where possible, a public authority businesses) • should try to ensure that its policies or • providing or managing housing decisions do not interfere with someone’s right to respect for private surveillance or investigation • and family life, their home and their • dealing with families or children correspondence. • immigration and asylum • If a public authority does decide that it is necessary to interfere with handling environmental issues, such • someone’s Article 8 rights, it will need as waste management or pollution to make sure that the policy or action • provision of medical treatment or is necessary, pursues one of the social care. recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce reasons for its decisions.

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Article 8 in practice Case study Balancing – Article 8 is one of the Convention rights that may require you Peck v United Kingdom to strike a balance between a person’s (2003) private rights and the needs of other A man suffering from depression people or society as a whole (see ‘Balancing one person’s rights against attempted suicide by cutting his those of the community’ on page 56). wrists on the street. CCTV cameras filmed him walking down the street The right to respect for a person’s private and family life, their home and with the knife. The footage was then their correspondence under Article 8 published as film and as also raises issues in areas such as: photographs without his consent • searches of homes and the use of and without any attempt to conceal covert surveillance, such as listening his identity. The European Court of devices Human Rights held that, although • family law disputes or asylum cases the filming and recording of the where there is a risk that a family will incident did not necessarily interfere be separated with the man’s Article 8 rights, the • the rights of homosexuals (there have disclosure of the CCTV footage by also been recent developments in the local authority constituted a domestic law in this area, such as the serious interference with Article 8. In Employment Equality (Sexual this case there were insufficient Orientation) Regulations 2003) reasons to justify disclosure of the • the rights of transgender people footage without the man’s consent (which are given effect in domestic law and without masking his identity. by the Gender Recognition Act 2004) Accordingly, disclosure of the • certain aspects of the rights of material was a disproportionate prisoners interference with his private life. • employees’ rights to privacy, including the monitoring of emails and telephone calls • the imposition of unreasonable mandatory dress codes or drug testing at work • the use of CCTV and exchange of data obtained from it • the right to refuse medical treatment • the rights of egg and sperm donors, and children born as a result of artificial insemination • the ability of the media to report details of the private lives of famous people.

29 Human rights: human lives

Case study Best practice Connors v United Kingdom (2004) example A family had been settled for about A physical disabilities team at 13 years on a site provided by the a local authority decided to council for people with a nomadic provide support workers to lifestyle. The council then evicted facilitate social activities. them for causing a nuisance, using Residents were taken to a the summary eviction procedure. The family challenged the council’s number of social events decision on the basis that their including visits to pubs and eviction from the site was an clubs. One service user who unjustifiable breach of their Article 8 was gay asked for a support rights. The European Court of worker to accompany him to Human Rights held that there had a gay pub but the manager of been a breach of the right to the scheme refused on the respect for the home under Article 8. The Court found that the legal basis that none of his staff framework applying to the was prepared to attend a gay occupation of pitches on local venue. Following training by authority gypsy sites did not BIHR, an advocate working provide the family with sufficient on behalf of the service user procedural protection of their rights. realised that human rights Special consideration should be arguments based on the right given to their needs and their nomadic lifestyle because of the to respect for private life vulnerable position of gypsies in (Article 8) could be used to society. Any interference that would challenge practices of this render them homeless could not be sort. (Example provided by justifiable unless the public interest the British Institute of grounds were sufficiently weighty. Human Rights) The Court found that there were no such grounds and as such the decision infringed Article 8.

30 The Convention rights in more detail Qualified rights: Articles 8 to 11 Freedom of thought, Article 9 conscience and religion

What does this right mean? Is Article 9 relevant to Article 9 protects people’s rights in my work? relation to a broad range of views, Article 9 will be relevant particularly if beliefs, thoughts and positions of you are involved in any of the following: conscience as well as to their faith in a particular religion. • taking decisions that may conflict with someone’s religious beliefs, for The state is never permitted to • example timetabling an examination interfere with a person’s right to hold on a religious holiday a particular belief. It can only restrict their right to manifest a belief (for • detaining or accommodating a example, worshipping, teaching, person. You must take care to ensure practising and observing their belief that any interference with their either in public or in private). freedom to manifest religious beliefs is proportionate • However, the state would have to show that such interference has a • situations where religious proper legal basis, is necessary in a organisations provide a service democratic society and pursues one to others. of the following recognised legitimate aims: – public safety What must a public – the protection of public order, health authority do? or morals • Always be alert to policies or actions – the protection of the rights and that might interfere with a person’s freedoms of others. right to manifest their religion or belief. But the interference must be necessary (not just reasonable) and it should not • Where possible, a public authority do more than is needed to achieve the should try to ensure that its policies or aim desired. decisions do not interfere with someone’s right to manifest their religion or belief. • If a public authority does decide that it is necessary to interfere with someone’s right to manifest their religion or belief, it will need to make sure that the policy or action is necessary, pursues one of the recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce reasons for its decisions.

31 Human rights: human lives

Article 9 in practice • the actions of employers and schools Article 9 is one of the Convention rights to accommodate the Article 9 rights of that may require you (in relation to the their employees and pupils, which may manifestation of beliefs) to strike a include issues relating to time off for balance between a person’s private religious holidays, uniforms and so on rights and the needs of other individuals • the arrangements made to ensure or society as a whole. prisoners can practise their religion Under the Human Rights Act the right to • how far people can go in trying to freedom of belief under Article 9 may be encourage others to convert to their relevant to areas such as: religion.

Case study

R (Williamson and others) v Secretary of State for Education and Employment and others (2005) Article 9 was invoked in an attempt to overturn the ban on corporal punishment of children by teachers. It was claimed that part of the duty of education in the Christian context was that teachers should be able to stand in the place of parents and administer physical punishment to children who were guilty of indiscipline. The House of Lords found that the statutory ban pursued a legitimate aim and was proportionate. Children were vulnerable and the aim of the legislation was to protect them and promote their wellbeing. Corporal punishment involved deliberately inflicting physical violence. The legislation was intended to protect children against the distress, pain and other harmful ef fects this infliction of physical violence might cause.

32 Part 2 The Convention rights in more detail

Case study Pendragon v Best practice United Kingdom (1998) example A national heritage site traditionally used by druids during the summer The Strasbourg Court has solstice was lawfully closed by the found that there is also a authorities. A druid claimed that the right not to be compelled to authorities had unlawfully interfered manifest views associated with her Article 9 rights. The court with a particular religion. So, disagreed. It found, first, that the authorities had acted in accordance for instance, care should be with the law, because they had taken when devising power to close the site under an procedures for the swearing Act of Parliament. And second, the of oaths. A requirement to reason for closing the site was that swear an oath on the Bible they were unable to guarantee the would be contrary to Article 9, safety of those celebrating the as would a requirement to summer solstice. They were therefore acting in the interests of swear on any other religious public safety, and the interference text or in a religious form. was justified. Best practice requires the provision of an alternative form of solemn affirmation binding on the conscience of the individual without reliance on religious forms.

33 The Convention rights in more detail Qualified rights: Articles 8 to 11

Article 10 Freedom of expression

What does this right mean? Key words and meanings • Everyone has the right to hold opinions, Expression – ‘Expression’ can cover and to receive opinions and information holding views or opinions, speaking out without interference by a public loud, publishing articles or books or authority and regardless of frontiers. leaflets, television or radio broadcasting, The right also includes the freedom to producing works of art, communication express views. However, the Article through the internet, some forms of does not prevent states from requiring commercial information and many other the licensing of broadcasting, activities. It can also cover the right to television or cinema enterprises. receive information from others, so you possess rights both as a speaker and as The right may be subject to formalities, • a member of an audience. You can conditions, restrictions or penalties, express yourself in ways that other but these must have a proper legal people will not like, or may even find basis. Furthermore, the interference offensive or shocking. However, must be necessary in a democratic offensive language insulting to particular society and pursue one of the racial or ethnic groups would be an following recognised legitimate aims: example of where a lawful restriction on – in the interests of public safety, expression might be imposed. national security or territorial integrity – to prevent disorder or crime Is Article 10 relevant to my – to protect health or morals work? – to protect the reputations or rights of others Article 10 will be relevant particularly if you are involved in any of the following: – to prevent the disclosure of information received in confidence • broadcasting, media and press work – to maintain the authority and • regulation of communications or the impartiality of the judiciary. internet But the interference must be necessary • writing speeches or speaking in public (not just reasonable) and it should not decisions in relation to provision of do more than is needed to achieve the • information, for example to people in aim desired. detention • regulation or policing of political demonstrations.

34 Part 2 The Convention rights in more detail

What must a public Article 10 in practice authority do? The right to freedom of expression under Article 10 may be relevant to areas such Always be alert to policies or actions as political demonstrations, industrial that might interfere with a person’s action and ‘whistleblowing’ employees. right to freedom of expression. It has also been very important for Where possible, a public authority the media. The press’s rights under should try to ensure that its policies or Article 10 have come into conflict with decisions do not interfere with celebrities’ rights to privacy under Article someone’s right to freedom of 8 in several high profile cases. In expression. addition, the interaction between Article 10 and the criminal law has been tested If a public authority does decide that in several cases. it is necessary to interfere with someone’s Article 10 rights, it will need to make sure that the policy or action is necessary, pursues one of the recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce reasons for its decisions.

Case study

Observer and the Guardian v United Kingdom (1991) The Guardian and the Observer published some excerpts from Peter Wright’s book, Spycatcher, which contained material alleging that MI5 had conducted unlawful activities. The Government succeeded in obtaining an injunction preventing further publication until proceedings relating to a breach of confidence had been concluded. Subsequently the book was published in other countries and then in the UK. The Guardian complained that the continuation of the injunction infringed Article 10. The European Court of Human Rights held that although the injunction was lawful, as it was in the interests of national security, once the book had been published, there was insufficient reason for continuing the publication ban. The injunction should have been discharged once the information was no longer confidential.

35 The Convention rights in more detail Qualified rights: Articles 8 to 11 Freedom of assembly Article 11 and association

What does this right mean? Key words and meanings Everyone has the right to assemble Freedom of assembly – This applies with other people in a peaceful way, to static meetings, marches, public and the right to associate with other processions and demonstrations. The people, including the right to form a right must be exercised peacefully, trade union. Everyone also has the without violence or the threat of violence, right not to take part in an assembly and in accordance with the law. or join an association if that is their Freedom of association – A person’s choice. right to freedom of association includes: This right may be restricted provided the right to form a political party (or such interference has a proper legal other nonpolitical association such as a basis, is necessary in a democratic trade union or other voluntary group); society and pursues one of the the right not to join and not be a following recognised legitimate aims: member of such an association or other voluntary group. This means that no one – national security can be compelled to join an association – public safety or trade union, for example. Any such compulsion may infringe Article 11. – the prevention of disorder or crime – the protection of health or morals – the protection of the rights and Is Article 11 relevant to freedoms of others. my work? But the interference must be necessary Article 11 will be relevant particularly if (not just reasonable) and it should not you are involved in any of the following: do more than is needed to achieve the aim desired. making decisions regarding public protests, demonstrations or marches industrial relations policy making.

36 Part 2 The Convention rights in more detail

What must a public Article 11 in practice authority do? Restrictions – The state is allowed to limit the Article 11 rights of members of Always be alert to policies or actions the armed forces, police and civil that might interfere with a person’s service, provided these limitations can right to freedom of assembly and be justified. This is based on the idea association. that it is a legitimate aim of democratic Where possible, a public authority society for these people to be politically should try to ensure that its policies or neutral, and thus restricted from being decisions do not interfere with closely associated with a particular someone’s freedom of peaceful political cause. assembly and association. If a public authority does decide that Case study it is necessary to interfere with someone’s Article 11 rights, it will A group of young men used a shopping centre in need to make sure that the policy or Wellingborough as a meeting and ‘hanging out’ point. The action is necessary, pursues one of numerous complaints from shoppers and shopowners the recognised legitimate aims and is proportionate to that aim. A public about the nuisance caused by them sometimes led to authority may be asked to produce police involvement. The local council wrote to the young reasons for its decisions. men telling them they were banned from the shopping centre. A lawyer for the young men took the case to court, arguing that they had the right to gather where they chose. The court disagreed, saying that if the young men had been organising a demonstration, or other kind of peaceful assembly, they could rely on Article 11. As they were simply hanging out in the shopping centre, Article 11 did not apply. (Case illustration from Watson, J. and Woolf, M., Human Rights Act Toolkit. London: LAG, 2003)

37 The Convention rights in more detail

Article 12 Right to marry

What does this right mean? Is Article 12 relevant to my • Men and women have the right to work? marry and found a family provided Article 12 will be relevant particularly if they are both of marriageable age, you are involved in any of the following: and marriage between two individuals is permitted in national law. This final • registering marriages requirement gives authorities flexibility making decisions on fertility treatment. when placing limitations on marriage. • However, the state must not impose limitations which impair the very essence of the right. What must a public authority do? • If a public authority takes a decision that has the effect of interfering with someone’s right to marry or found a family, then it must be particularly careful to ensure that the decision is in accordance with the relevant national law.

38 Part 2 The Convention rights in more detail

Article 12 in practice Transgender people – In the case of Goodwin v UK, the European Court of Human Rights interpreted Article 12 as providing postoperative transsexual people with the right to marry in their acquired gender. The Gender Recognition Act now allows transgender people to obtain legal recognition in their new gender, and once they have obtained such recognition they can marry a person of the opposite gender.

Case study

B & L v the United Kingdom (2005) English law prohibited a parentinlaw from marrying their childinlaw unless both have reached age 21 and both their respective spouses have died. B was L’s fatherinlaw, and they wished to marry. L’s son treated his grandfather, B, as ‘Dad’. The court accepted the Government’s argument that the legislation had the legitimate aim of protecting the family and any children of the couple. However, it nonetheless considered that there had been a violation of the right to marry under Article 12. The prohibition was based primarily on tradition. Ther e was no legal prohibition on a couple in this situation engaging in an extramarital relationship. Moreover, on several occasions couples had obtained exemptions from the prohibition by personal Acts of Parliament. This showed that the objections to such marriages were not absolute.

39 The Convention rights in more detail

Article 14 Prohibition of discrimination

What does this right mean? On what grounds is discrimination prohibited? Discrimination means treating people differently, without an objective and Article 14 gives the following as reasonable justification, on certain examples of the grounds of prohibited grounds (this is known as discrimination that the Article does direct discrimination). It can also cover not allow: situations where the same rule applies to sex everyone but in practice has greater • impact on one particular group (this is • race known as indirect discrimination). colour Article 14 of the European Convention • on Human Rights gives people the right • language to protection from discrimination in religion relation to all the other rights guaranteed • under the Convention. It means that • political or other opinion everyone is entitled to equal access to national or social origin those rights. People cannot be denied • equal access to them on grounds of • association with a national minority their personal ‘status’. • property • birth. How does Article 14 work? Importantly, though, Article 14 protects Article 14 only works to protect people people from discrimination on the from different treatment in exercising grounds of ‘other status’ too. This their other Convention rights. It does not means that the categories are not give people a general right to protection closed. The other status ground could from different treatment in all areas of therefore be used to protect people from their life. The structure of Article 14 discrimination on the grounds of, for means that a person needs to be able to example: identify another Convention right in order sexual orientation to make use of the nondiscrimination • protection. However, that person does • whether you were born inside or not need to identify an actual breach of outside a marriage the right to claim that he or she has disability been discriminated against with respect • to their enjoyment of it. They simply • marital status need to show that the subject matter of age. the Convention right is activated. •

40 Part 2 The Convention rights in more detail

Is differential treatment ever For example: acceptable? • It might not be a breach of a person’s Differential treatment may be acceptable right to education if the state does not in some circumstances. It is legitimate to provide a particular kind of teaching. treat people differently based on But if the state provides it for boys differences that have nothing to do with but not for girls, or for people who their personal status – for example it is speak only a particular language lawful to impose a punishment only on but not another, this could be people who have been found guilty of a discrimination in relation to the right criminal or disciplinary offence, because to education. If this were the case, committing an offence is not one of the the people affected would rely on protected grounds; it is not a personal their rights under Article 14 status but a historical fact. A public (nondiscrimination) taken with authority is also entitled to treat people Protocol 1, Article 2 (education). differently if there is a relevant difference It is unlikely to be a breach of the right in their situation, other than a prohibited • to respect for your property for the ground. For example it may be legitimate state to impose a particular kind of to pay a man more than a woman if he tax – Protocol 1, Article 1 specifically has been employed longer or works in a preserves the state’s right to assess more skilled or senior position. The and collect tax. But if the state taxes difference of treatment here is not on the some people but not others in the grounds of sex (which would be a same situation, then it might be a prohibited ground), but on the grounds of breach of Article 14 in relation to the skill or seniority (which are not). right to respect for property. If this Where the only difference between were the case, the people affected people is one of the prohibited grounds, would rely on their rights under a public authority can still treat them Article 14 (nondiscrimination) taken differently in a way which is connected with Protocol 1, Article 1 (property). with their Convention rights if it can Article 14 has been successfully invoked show that it is pursuing a legitimate aim under the Human Rights Act on behalf and that the discriminatory treatment is of a gay couple who wished to be proportionate to the aim. Only good treated in the same way as a reasons will suffice, especially where the heterosexual couple for the purposes of difference in treatment is on grounds of one partner succeeding to another under sex or race. This is known as justification. a tenancy. There will be many ways in which Article 14, taken together with another Convention right, can apply to potentially discriminatory situations.

41 Human rights: human lives

Is Article 14 relevant to Article 14 in practice my work? Positive discrimination occurs when a disadvantaged group is treated more Article 14 will be relevant wherever any favourably in order to assist them in of the other Convention rights is in play redressing an existing situation of – even if there is no breach of the other inequality. Such treatment will still Convention right – particularly in any amount to a breach of Article 14, unless circumstances where different groups a legitimate aim can be demonstrated. are treated in different ways. Indirect discrimination occurs when a rule that applies equally to everyone What must a public results in a disproportionate disadvantage to a particular group, for authority do? example a requirement that a job holder must be over six feet tall would exclude Where possible, a public authority • more women than men, even though it should try to ensure that policies or might be possible for someone below decisions do not involve any form of six feet to do the job perfectly well. discrimination on any ground. • If it is necessary to treat some people more favourably than others, there must be an objective and reasonable justification for the discrimination. • A public authority may be asked to produce reasons for its decisions.

Case study

Lindsay v United Kingdom (1986) A married couple, in which the wife was the sole earner, complained that the UK income tax regime had the effect of taxing comparable couples in a discriminatory way on grounds of sex, marital status and religion. First, married couples in which the husband was the sole earner wer e taxed more heavily than married couples in which the wife was the sole earner. Second, married couples were taxed more heavily than cohabiting couples who were not married. The Commission found that the tax measures which gave extra advantages to a wife who was the earner in the family had an objective and reasonable justification in positively encouraging married women to work. The court did not accept that married couples were in a similar position to cohabiting couples for the purposes of taxation and Article 14 only protects people from discrimination who are less favourably treated compared to others in a similar position. Accordingly, there was no violation of Article 14.

42 Part 2 The Convention rights in more detail

Best practice examples A local authority has combined human rights training with discrimination training, as both promote respect and dignity equally for all persons. Taking a human rights approach in potential discrimination cases will encourage thinking about the desired outcome from the individual’s point of view rather than just simply ensuring equality of treatment. This should help staff to avoid indirect discrimination. It is sometimes the case that everybody has been treated equally but a small group of individuals suffers a distinct disadvantage. A housing department has taken advice on issues such as discrimination against nonspouses and samesex partners in succession, housing allocation policies, nuisance neighbours and racial harassment. A local council has revised its policy for adult social care services working with asylum seekers to ensure that asylum seekers with special needs are treated fairly and without discrimination. (Examples taken from the Audit Commission, Human Rights – Improving Public Service Delivery (2003)

43 The Convention rights in more detail

Protocol 1, Article 1 Protection of property

What does this right mean? When can the state interfere The protection of property under with the use of, or take Protocol 1, Article 1 has three elements away, a person’s property? to it: A person has the right to use, develop, A person has the right to the peaceful • sell, destroy or deal with their property enjoyment of their property. in any way they please. The right to • A public authority cannot take away protection of property means that public what someone owns. authorities cannot interfere with the way that a person uses their property unless A public authority cannot impose • there is a proper legal basis for this restrictions on a person’s use of their interference and such interference property. is justified. However, a public authority will not For example, if a public authority plans breach this right if a law says that it can to build a road over someone’s land, it interfere with, deprive, or restrict the use must have laws in place to let it do this. of a person’s possessions, and it is It must also have a procedure to check necessary for it to do so in the public that a fair balance has been struck interest. There is a public interest in the between the public interest in building Government raising finance, and in the road, and the individual’s right to punishing crimes, so a person’s rights their land. It will not normally be fair to under Protocol 1, Article 1 are not deprive a person of their land unless the violated by having to pay taxes or fines. person can get proper compensation for The Article requires public authorities to it. An interference with a person’s strike a fair balance between the general peaceful enjoyment of property may be interest and the rights of individual necessary in the public interest – for property owners. example, a compulsory purchase of a The protection extends to businesses as person’s property may be necessary, or a well as to individuals. certain amount of noise from road traf fic may intrude upon a person’s home.

44 Part 2 The Convention rights in more detail

Key words and meanings What must a public Possessions and property has a wide authority do? meaning, including land, houses, leases, Where possible, a public authority money and personal property. It also • should try to ensure that policies or covers intangible things such as shares, decisions do not interfere with goodwill in a business, patents and peaceful enjoyment of possessions, some forms of licences, including those restrict the use of possessions or take which allow people to exercise a trade away possessions. or profession. Entitlements to social security benefits are also generally • Where this is unavoidable, then the classified as property. interference must be lawful and necessary in the public interest. • If a public authority does decide that Is Protocol 1, Article 1 it is necessary to interfere with relevant to my work? someone’s possessions, there must be an objective and reasonable Protocol 1, Article 1 will be relevant justification for that. particularly if you are involved in: • A public authority may be asked to • work in any area that can deprive produce reasons for its decisions. people of their possessions or Public authorities should take action property • to secure the right to property, as well • taking decisions about planning, as refraining from interfering with it. licensing or allowing people to exercise a trade or profession • compulsory purchase.

45 The Convention rights in more detail

Protocol 1, Article 2 Right to education

What does this right mean? In a recent case it was also held that the duty under Protocol 1, Article 2 is • A person has a right not to be denied imposed on the state and not on any access to the existing educational particular domestic institution. It does system. not create a right to be educated in a • Parents have a right to make sure that particular school or a particular manner. their religious or philosophical beliefs Thus, if an expelled pupil is able to have are respected when public authorities access to efficient education somewhere provide education or teaching to their else, there would be no breach of his or children. her Convention right.

Limits on the right to education Punishments in schools The general right to education is not an The right to education does not prevent absolute right for a person to learn schools from imposing disciplinary whatever they want, wherever they want. measures on pupils, provided they do The Government has made a special not breach any other Convention right reservation to the Convention in this (for example ill treatment which is area so that education provided by the contrary to Article 3). A school that state is limited to the extent that this is imposes a penalty on a pupil will have to compatible with the need to provide an show that such a penalty pursued a efficient education and the need to avoid legitimate aim (such as punishing unreasonable public expenditure. This cheating or ensuring compliance with means that a person may not have a school rules), and was proportionate. right to the most expensive form of Penalties imposed may include education if there are cheaper suspension or exclusion, provided the alternatives available, therefore the pupil still has access to alter native state Government or local education authority education conforming to the parents’ must balance the right not to be religious and philosophical convictions. deprived of an education against the spending limits it imposes. The Government has stressed that the cost of providing education is a relevant factor in making these decisions. Parents cannot stop schools teaching subjects such as sex education if they are reasonable things for the school to teach, and so long as it is not trying to indoctrinate the children. However, parents can remove their children from sex education classes.

46 Part 2 The Convention rights in more detail

Is Protocol 1, Article 2 What must a public relevant to my work? authority do? It may be relevant, especially if you are • Where possible, a public authority involved in any of the following: should try to ensure that policies or decisions do not interfere with the teaching or school administration • right to education. providing nonschoolbased education • • A public authority may be asked to • education policy produce reasons for its decisions. • provision of funding for schools or • Public authorities should take action other forms of education. to secure the right to education, as well as refraining from interfering with it.

Protocol 1, Article 2 in practice Case study

Simpson v United Kingdom (1989) Parents of children with special needs can argue that the needs of their child require special facilities that may have to be respected by the educational authorities. However, this is not an absolute right, and the authorities will have discretion as to how they allocate limited r esources. Authorities can legitimately seek to integrate a child with special needs into a mainstream school, even if this is not what the parents want.

47 The Convention rights in more detail

Protocol 1, Article 3 Right to free elections

What does this right mean? Is Protocol 1, Article 3 Free elections must be held at relevant to my work? reasonable intervals and must be It may be relevant, particularly if you are conducted by secret ballot. They must involved in: be held in conditions that ensure that people can freely express who they want • exercising decisionmaking powers to elect. The state can put some limits about voting rights or the right to on the way in which elections are held. stand for election Also, it can decide what kind of electoral arranging elections. system to have, such as ‘first past the • post’ or proportional representation. The right to free elections under What must a public Protocol 1, Article 3 applies only to those eligible to vote under the domestic laws. authority do? In addition, Article 16 of the Convention A public authority must respect the provides that nothing in Articles 10, 11 • voting rights of individuals. or 14 is to be taken as preventing a state from imposing restrictions on the • Where possible, a public authority political activity of noncitizens. must enable those with a right to vote to use their vote if they wish to do so. • Public authorities are required to ensure that elections are conducted freely and fairly.

48 Part 2 The Convention rights in more detail

Protocol 1, Article 3 in practice Case study

Hirst v United Kingdom (2005) The UK’s absolute statutory bar on convicted prisoners voting in Parliamentary elections was found to be in breach of Article 3 of Protocol 1. The court noted that a prisoner by fact of his imprisonment did not lose the protection of the other guarantees under the Convention and that removal of the vote cut a prisoner off even further from the democratic society in which he lived. The blanket ban on all convicted prisoners sentenced to imprisonment was said to be arbitrary in its effects and indiscriminate in its application. However, the judgment left open the question of whether a ban limited to imprisonable offences of a certain severity or imposed expressly by a trial judge based on the facts of a case would be acceptable.

49 Part 3

Guidance and information

Human rights flowchart

This flowchart is designed to help you in applying human rights in the workplace. It will be particularly relevant when you are restricting a right – either by balancing one right against another, or when you are balancing the rights of an individual against the interests of the public. It may also be useful when you are making decisions or policies that are previously untested. More detail on the questions contained in the flowchart can be found in the succeeding pages. Once you have read those and understand the full meaning of the questions contained in the flowchart, it will be a useful prompt to refer back to when you need to make decisions involving human rights.

50 Part 3 Guidance and Information

1 1.1 What is the policy/decision title? 1.3 Who will be affected by the policy/decision? 1.2 What is the objective of the policy/decision?

2.1 Flowchart exit Will the policy/decision engage There is no need to continue with this checklist. NO anyone’s Convention rights? However…

• be alert to any possibility that your policy may discriminate against anyone in the exercise of a Convention right YES 2.2 • legal advice may still be necessary – if in any Will the policy/decision result in doubt, contact your lawyer NO the restriction of a right? • things may change, and you may need to reassess the situation

YES 3.1 Is the right an absolute right? YES

NO 3.2 4 The right is a qualified right Is the right a limited right? 4.1 Is there a legal basis for the restriction? NO AND… 4.2 Does the restriction have a legitimate aim? AND… YES 4.3 Is the restriction necessary in a democratic 3.3 society? AND… Will the right be limited only to 4.4 Are you sure you are not using a sledgehammer the extent set out in the r elevant to crack a nut? Article of the Convention?

YES YES NO

Policy/decision is likely to be Policy/decision is not likely to be human rights human rights compliant compliant

BUT Get legal advice Regardless of the answers to these questions, once human rights are being interfered with in a restrictive manner you should obtain legal advice. And you should always seek legal advice if your policy is likely to discriminate against anyone in the exercise of a Convention right

51 Human rights flowchart explained

1. The policy/operational 2. Human rights impact decision 2.1 Will the policy/decision engage anyone’s Convention rights? These questions cover the basics. Here we advise you to refer to Part They ensure that all the information 2 (page 7) of this guide to look about the new policy/decision is in through all the rights and consider one place if someone else in the whether or not your policy/decision organisation needs to know about falls into any of the areas that are it, perhaps to provide additional covered by the Convention rights. help or advice.

1.1 What is the policy/decision title? Flowchart exit This is simply a question of labelling the policy/decision clearly If you decide that no Convention so that it may be referred to without rights are engaged, there is no confusion. need to continue along the flowchart. However, there are three 1.2 What is the objective of the further points to note: policy/decision? Here you should set out the basic • First – be alert to any possibility aim of the policy/decision. What are that your policy/decision may you setting out to achieve? You discriminate against someone in could break this section down into the protection of a Convention three sections: right. • Why is the policy/decision being • Second – although this checklist developed? is designed to help you identify any potential human rights Why is it needed? • impact, it may still be necessary • What is its purpose? to obtain legal advice. For example, the policy/decision may 1.3 Who will be affected by the be particularly controversial or policy/decision? you may not be fully certain about To answer this you should look back whether or not certain human at the objective you are trying to rights have been engaged. achieve and think about what groups of people are most likely to • Third – even if you decide that be affected by it. Answering this the policy/decision does not question now is important because it engage anyone’s Convention will help you at the next stage when rights, things may change and you will be asked to decide whether you may need to reassess the or not the policy/decision has situation. anything to do with human rights. Knowing who is affected by the policy/decision will help you answer this question. For example, if you are dealing with families, this might raise the question of whether the right to respect for private and family life, protected in Article 8, is involved.

52 Part 3 Guidance and Information

2.2 Will the policy/decision result in 3. Types of right the restriction of a right? If you decide that your policy/ 3.1 Is the right an absolute right? decision might engage a If the right you are proposing to Convention right, the next step is restrict is absolute, it may not be to look at the nature of this restricted, and any attempt to do engagement. Will the policy/ so will be incompatible with the decision restrict or limit any of the Convention. The prohibition of rights it engages? If so, you should torture and inhuman or degrading log details of how the right is treatment or punishment (Article 3), interfered with or limited. slavery and forced labour (Article 4) and retroactive laws (Article 7) are You should remember that all absolute rights and may not be interference with a right may not limited in any way. So is the right to always simply consist of an action hold particular beliefs (the first part that is not compatible with of Article 9) and the abolition of the Convention rights; it may also be a death penalty (Protocol 13). failure to take action where a right places a positive obligation on 3.2 Is the right a limited right? public authorities to take action to If the right you are proposing to preserve a right. restrict is limited, it may be restricted within the terms set out in Once you have made your the relevant Article. The terms will assessment, if you decide that be different for different rights and although a right is engaged, the they have been explained in relation policy will not result in any to the individual rights in Part 2 of restriction on that right, or that you this guide. For example, there are are not under a positive obligation six instances where the right to to act differently, then you may exit liberty and security set out in Article the flowchart, bearing in mind the 5 may be lawfully restricted. These points mentioned above in the are set out in the section dealing ‘Flowchart exit’ box. with Article 5 in Part 2 of this guide If, however, you do decide that (see page 15). One example is after there is a danger of Convention conviction by a competent court. rights being restricted, it will be There are also some rights where necessary to proceed to the next there is no limitation mentioned in section. the text of the Convention, but where limitations have been read in through decisions of the European Court of Human Rights. For example, the courts have read in some limitations on the right to vote and stand for office (Protocol 1, Article 3). 3.3 Will the right be limited only to the extent set out in the relevant Article of the Convention? If you decide that you are trying to restrict either an absolute or limited

53 Human rights: human lives

right, you may exit the flowchart at 4.1 Is there a legal basis for the this point. However, you should restriction? consider your policy/decision Any restriction must have a clear further because it will either not be legal basis. The restriction must be compliant with the Convention (if it set out in law, or in rules or restricts an absolute right), or you will guidance, and it must be need to check that your restriction communicated effectively to ensure is provided for in the text of the that people to whom it applies can Article (if it restricts a limited right). find out about it. This will allow them to prepare to change their If you are restricting a qualified behaviour in good time if they are right, then you will need to continue required to do so. That might mean using the flowchart. making guidance or other rules publicly available, perhaps via the internet, via other partner 4. Qualified rights organisations, or through cross agency working. In the case of qualified rights, the fact that a policy/decision restricts 4.2 Does the restriction have a the right does not necessarily mean legitimate aim? that it will be incompatible with the If you are restricting rights, you will Convention. If a restriction has a need to identify a legitimate aim legitimate aim, such as public that you are trying to achieve. safety, and the restriction itself A legitimate aim is one that is set does not go any further than out in the text of the articles absolutely necessary to protect this themselves, such as public safety, aim, then it is likely that it will be the protection of public order, compatible with the Convention. national security or protection of The Convention recognises that the rights or freedoms of others. there are situations where a state You will find legitimate aims for must be allowed to decide what is restricting rights listed in the in the best interests of its citizens, sections relating to each article in and enables a state, or a public Part 2 of this guide. authority acting on behalf of the state, to restrict people’s rights If the aim that you want to achieve accordingly. does not fall within one of those listed in the text of the Article, it is The following questions will help likely that the restriction will not be you to determine whether or not legitimate. You should seek legal your policy/decision falls within this advice. category of accepted restrictions.

54 Part 3 Guidance and Information

4.3 Is the restriction necessary in a If there is another less restrictive democratic society? way of achieving the desired For a restriction to be necessary in outcome, but you decide not to a democratic society there must be adopt it, you will need to be a rational connection between the prepared to say why you have legitimate aim to be achieved and made that choice. Your reasons the policy/decision that restricts a will have to be good ones. person’s rights. It is not sufficient to put forward a legitimate aim if, in fact, the restriction will not make a Exiting the flowchart real difference in achieving that aim. Even if you conclude that the 4.4 Are you sure you are not using a policy/decision does not infringe one of sledgehammer to crack a nut? the other Articles of the Convention, you A policy/decision should be no will need to consider whether it more restrictive than it needs to be discriminates against anyone in relation in order to achieve its objective. to the exercise of their Convention rights, This is called ‘proportionality’. For contrary to Article 14. See page 40 for example, a blanket application of further details of the issues to be a policy/decision to everyone considered in relation to Article 14. You concerned will often be considered should think about the diversity of disproportionate, as it does not customers, staff and service users that take into account individual your organisation works with. You must circumstances, and the individual consider whether the restriction applies rights of each person affected. only to a particular group or class of It will have the effect of imposing people defined by one of the statuses restrictions in circumstances where discussed in relation to Article 14 (see they are not really needed. page 40). Any differential impact should Look at the objectives you be noted, even if it is unintentional. identified at paragraph one of this Indirect impact also needs to be section, and box 1 of the flowchart, considered, for example where the and ask yourself whether the restriction applies in principle to objectives can be achieved only by everyone but would have a particularly the policy/decision you are heavy impact on a particular group or proposing. Ask yourself if there is class who would find it harder to comply. any other less restrictive way of If you decide that your restriction does achieving the desired outcome. apply unequally in the way a Convention right is enjoyed or protected, you will

55 Human rights: human lives

need to decide whether or not the • Always be aware of other existing differential treatment is justified. The guidance that may be relevant to the approach here is rather similar to that decision or policy that you are applied in relation to the qualified rights developing, and consider how it fits in. (see above). It is necessary to consider: • If you are unsure, or a matter is • whether the differential treatment is particularly complex, consider seeking in pursuit of a legitimate aim? legal advice if necessary. You should • whether the differential treatment is always take legal advice if you are proportionate to that aim (i.e. is there proposing to interfere with Convention no less discriminatory way of rights in a way which is restrictive, or achieving the aim)? if you have any concern that complying with human rights is If the answer to both these questions is putting other important policy goals ‘yes’, then it is likely that differential such as public safety at risk. treatment will be justified. The case studies in the relevant section of Part 2 will help you when working Balancing one person’s through this. rights against those of the community Points to remember The fact that a policy/decision restricts a It will be useful to bear in mind the Convention right does not necessarily following points when reading this guide mean that it will be incompatible with and also when applying human rights in the Convention. It is a fundamental the workplace: responsibility of the state – arising from Article 2 of the Convention itself – to • Whilst some rights conferred by the take appropriate steps to protect the Convention are absolute (for example safety of its citizens. The state also the right not to be subjected to tortur e needs to take into account other general or inhuman or degrading treatment or interests of the community. So while punishment), in general the rights of some rights conferred by the Convention one person cannot be used to ‘trump’ are absolute (for example the right not to the right of the general public to be be subjected to torture or inhuman or kept safe from a real risk of serious degrading treatment or punishment), injury or loss of life. others are either limited or qualified in • More than one right may be relevant the way described in this guide. In to a given situation. particular, the rights in Articles 8 to 11

56 Part 3 Guidance and Information

can be restricted where it is necessary An interference with qualified rights may and proportionate to do so in order to only be justified where the state can achieve a legitimate aim. Provided a show that the restriction: restriction of such a right has a legitimate • is lawful – this means that it is in aim, such as public safety, and the accordance with the law, which must restriction itself does not go any further be established, accessible and than necessary to protect this aim, then sufficiently clear it is likely that it will be compatible with the Convention. In this way the • has a legitimate aim – the restriction Convention recognises that there are must pursue a permissible aim as set certain situations where a state is out in the relevant Article. Public allowed to restrict individual rights in the authorities may only rely on the best interests of the wider community. expressly stated legitimate aim when restricting the right in question. Some of the protected interests are: national security, the protection of health and Three types of rights morals, the prevention of crime, and Not all the Convention rights operate in the protection of the rights of others the same way. Some are ‘absolute’ while • is necessary in a democratic society – others are ‘limited’ or ‘qualified’ in nature. the restriction must fulfil a pressing Absolute rights: States cannot opt out of social need and must be these rights under any circumstances – proportionate to that need. not even during war or public emer gency. There is no possible justification for interference with them and they cannot Proportionality be balanced against any public interest. Examples of absolute rights are the The principle of proportionality is at the prohibition of torture and inhuman or heart of how the qualified rights are degrading treatment in Article 3, and the interpreted, although the word itself prohibition of slavery in Article 4(1). does not appear anywhere in the text of the Convention. Limited rights: These are rights that are not balanced against the rights of The principle can perhaps most easily others, but which are limited under be understood by the saying ‘Don’t use explicit and finite circumstances. An a sledgehammer to crack a nut’. When example is the right to liberty and taking decisions that may affect any of security in Article 5. the qualified rights, a public authority must interfere with the right as little as Qualified rights: These are rights that possible, only going as far as is can be interfered with in order to protect necessary to achieve the desired aim. the rights of other people or the public interest.

57 Human rights: human lives

It may prove useful to ask the following The following case study, based on the questions to determine whether a case of R v Secretary of State for the restrictive act is proportionate or not: Home Department ex parte Daly (2001), illustrates these principles. • What is the problem that is being addressed by the restriction? • Will the restriction in fact lead to a reduction in that problem? Case study • Does a less restrictive alternative A blanket policy was established to exist, and has it been tried? allow prison officers to search the • Does the restriction involve a blanket correspondence of all prisoners policy or does it allow for dif ferent (without them being present) for cases to be treated differently? security purposes. While the • Has sufficient regard been paid to the prisoners did not claim that legal rights and interests of those affected? correspondence should be immune • Do safeguards exist against error or from such examination, they argued abuse? that the search should take place in their presence. They feared that • Does the restriction in question destroy the very essence of the prison officers might do more than Convention right at issue? just briefly examine the legal documents and this might inhibit the willingness of prisoners to communicate freely with legal advisers. The prison service claimed that if the prisoners were present, they might intimidate staff or disrupt the search. The courts held that a blanket policy preventing prisoners from being present was disproportionate because a less restrictive, but equally effective, alternative existed which would allow prisoners to be present unless there was a justification for excluding them.

58 The margin of appreciation This idea is sometimes known as ‘deference’ but is better referred to The European Court of Human Rights as the concept of a ‘discretionary has also accepted that there are areas in area of judgement’. which national authorities are better placed than the Court to decide what is best for those within their jurisdiction, and so to apply the Convention rights in Positive obligations their own way. This is particularly so Most of the Convention is concerned where circumstances require rights to be with things that the state must not do, balanced against national security, or and puts states under an obligation to wider economic and social needs, for refrain from interfering with a right. example. This is referred to as the However, the Court has decided that in margin of appreciation. Whether the order to make the Convention effective, Court allows a wide or narrow margin of a number of rights also place positive appreciation depends on the nature of obligations on states. These require the the right in question and the extent to state to take action to prevent the which views on the issue diverge among breach of a right. For example, Article 2 the countries which have signed up to can create a positive obligation to take the Convention. steps to protect members of the public, This in turn means that decisions of the for example where a public authority is Court may change over time to keep aware of a real and imminent threat to pace with changing conditions in the someone’s life, or where a person is signatory states – for this reason the under the care of a public authority. Convention is called a ‘living instrument’. It means that even where the European Court of Human Rights has ruled that a practice or policy is within a state’s margin of appreciation, this may change in the future if a new consensus evolves across a sufficient number of countries. Although the margin of appreciation concerns the attitude of the European Court of Human Rights to decisions taken in individual states, courts in the UK have developed a similar approach when considering decisions made by public authorities in the UK. They will allow public authorities a degree of latitude in making decisions, particularly where the public authority is in a better position than the court to assess the issue (for example issues relating to social policy or allocation of resources). However, the courts will be more willing to intervene on issues such as discrimination or fair procedures.

59 Human rights: human lives

Frequently asked questions

What does the Human Are human rights relevant Rights Act do? to every decision I make? It makes the human rights contained in The short answer to this is no. Many the European Convention on Human everyday decisions taken in the Rights enforceable in UK law. This workplace are not affected by human means that it is unlawful for a public rights. However, by understanding authority to act in a way that is human rights properly you are more incompatible with a Convention right. likely to know when human rights are A person who feels that one or more of relevant and when they are not. This their rights has been breached by a should help you to make decisions more public authority can raise that human confidently, and ensure that your rights issue in the appropriate court or decisions are sound and fair. tribunal. If the person is unhappy with the court’s decision and has pursued the matter as far as it can go in the UK, they What is a public authority? may take their complaint to the European Court of Human Rights, an The Human Rights Act says that institution set up by the Convention and persons carrying out certain functions of based in Strasbourg, France. a public nature will fall within the definition of a public authority. The courts are still deciding exactly what this Do judges now have more means. The following are definitely public authorities: power than elected • central government politicians? • courts and tribunals The simple answer is no. Judges must local government interpret legislation as far as possible in • a way that is compatible with the • planning inspectorate Convention rights. If this is not possible executive agencies courts can strike down incompatible • secondary legislation, or can make a • police, prison and immigration declaration of incompatibility in relation services to primary legislation. They cannot strike statutory regulatory bodies down primary legislation. • • NHS Trusts. This list is not exhaustive. If you ar e What difference does the unsure whether or not you work in a Human Rights Act make? public authority you should check with your line manager. However, if you are The principal effect of the Human Rights reading this document, it is likely that Act is to enable people to enforce their you do work for a public authority. In any human rights in the domestic courts. event, following human rights standards, The Human Rights Act should mean that even in matters not strictly covered by people across society are treated with the ambit of the Human Rights Act, will respect for their human rights, be good practice. promoting values such as dignity, fairness, equality and respect. 60 Do all new laws have to be Is any other guidance on compatible with the Human the Human Rights Act Rights Act? available? When a Minister introduces a Bill to For further information about human Parliament they are required to confirm rights and the Act, we recommend: in writing that, in their view, the Bill is Guide to the Human Rights Act produced compatible with Convention rights, or • that they are unable to say that it is by the Ministry of Justice, available for compatible but that they wish to download on our website: proceed with the Bill anyway. Therefore www.justice.gov.uk/about/docs/ it is possible for new legislation to be act-studyguide.pdf incompatible. • You will also find human rights guides in most bookshops. One such publication is the Human Rights Are all Convention rights Toolkit, by Jenny Watson and Mitchell Woolf, published by the Legal Action guaranteed, whatever the Group. This provides a more detailed circumstances? practical guide to the Human Rights Act and its impact on public Not all Convention rights are formulated authorities. in the same way. While some rights are protected absolutely, such as the right to • At page 63 we have listed some be free from torture, others are limited in useful contacts and organisations for certain defined situations, or qualified so further advice and guidance. as to take account of the rights of others or the interests of wider society. This is explained in greater detail in Part 3 of this guide.

Who can bring a case under the Human Rights Act? Any ‘victim’ can do so. It is not necessary to be a UK citizen. Anyone bringing proceedings must be directly affected by an act or omission of a public authority.

61 Jargon buster

Human Rights Act: Margin of appreciation: The Human Rights Act 1998. Came into This is the degree of discretion allowed force on 2nd October 2000. It makes to the state by the European Court of certain rights contained in the European Human Rights when interpreting and Convention on Human Rights applying Convention rights. enforceable in UK law. These rights are Public authority: called ‘the Convention rights’ and they are set out in Part 2 of this handbook. This includes all government departments and other ‘core’ public The Convention: authorities such as: The European Convention on Human central government Rights and Fundamental Freedoms. • Treaty of the Council of Europe that • courts and tribunals came into force 3rd September 1953. local government Signed by the UK on 4th November 1950. • Ratified by the UK on 8th March 1951. • planning inspectorate Articles: • executive agencies The Convention is divided up into • police, prison and immigration services Articles. Article 1 is introductory whilst statutory regulatory bodies each of the Articles from 2 to 12 and • Article 14 detail a different human right • NHS Trusts. or freedom. Most other Articles of the Outside this, private organisations Convention deal with procedural issues. whose functions are of a public nature Each of the Protocols is also divided up are included in relation to those public into Articles. functions. Protocol: Ratify: These are additions or amendments to Ratification is the process by which a the original Convention. They may be member state adopts and agrees to be signed and ratified by parties to the bound by an international treaty. Convention and are effective as if they were part of the original Convention. The Victim: UK has not signed all of the Protocols. A victim is someone who is or would be Legitimate aim: directly affected by an act or an omission of a public body. Any interference with a qualified right for the relevant purpose of safeguarding an interest set out in the Article pursues a legitimate aim. Proportionality: This is best defined as not using a sledgehammer to crack a nut. Any restriction must go no further than is necessary in a democratic society to achieve the legitimate aim.

Ministry of Justice Equality and Human Rights Commission Helpline Human Rights Division Freepost RRLL-GHUX-CTRX 102 Petty France Arndale House Arndale Centre Post point 7.23 Manchester London M4 3AQ SW1H 9AJ 0845 604 6610 - England main number Tel: 020 3334 3734 0845 604 6620 - England textphone Email: [email protected] 0845 604 6630 - England fax Monday - Friday 9:00 am-5:00 pm

Equality and Human Rights Commission Helpline Equality and Human Rights Commission Helpline Wales Scotland Freepost RRLR-UEYB-UYZL Freepost RRLL-GYLB-UJTA 3rd Floor The Optima Building 3 Callaghan Square 58 Robertson Street Cardiff Glasgow CF10 5BT G2 8DU 0845 604 5510 - Scotland main 0845 604 8810 - Wales main number 0845 604 5520 - Scotland textphone 0845 604 8820 - Wales textphone 0845 604 5530 - Scotland - fax 0845 604 8830 - Wales fax Monday - Friday 9:00 am - 5:00 pm Monday - Friday 9:00 am - 5:00 pm

The Northern Ireland Human Rights Commission British Institute of Human Rights Temple Court King’s College London 39 North Street 7th Floor 39 Belfast Melbourne House BT1 1NA 46 Aldwych Tel: 028 90 243987 BT1 1NA London WC2B 4LL Tel: 020 7848 1818 Email: [email protected]

Useful websites DCA: www.humanrights.gov.uk The British Institute of Human Rights: www.bihr.org/ European Court of Human Rights: www.echr.coe.int/echr. Here you can use HUDOC to search for case law of this court. Joint Committee on Human Rights (Houses of Parliament): www.parliament.uk/parliamentary_committees/joint_committee_on_human_rights.cfm Liberty: www.libertyhumanrights.org.uk/ Justice: www.justice.org.uk See the case sheets at the NHSLA site: www.nhsla.com/Publications Disability Rights Commission: www.drcgb.org/ Commission for Racial Equality: www.cre.gov.uk/ Equal Opportunities Commission: www.eoc.org.uk/ United Nations: www.un.org

64 To order more copies of this free publication: Tel: 0845 601 0540 (calls charged at local rate) Fax: 020 8867 3225 Email: [email protected]

You can also order free copies of Making sense of humam rights: A short introduction (summary booklet and DVD), DCA 45/06, from the same address.

DCA 55/06 © Crown copyright October 2006 Printed on paper comprising a minimum of 75% postconsumer waste To request alternative format versions, tel: 020 3334 3734 Produced by the Ministry of Justice Noise control Party down the street keeping you awake at night? Noisy neighbours making your life a misery? Then call our noise control service - we're here to help keep the volume down.

What is noise nuisance? Our service aims to tackle unreasonable noise disturbance and reduce its impact on the quality of people's lives in the borough.

We investigate complaints about:

• loud music, TV or radio

• persistent shouting, banging or other unreasonable domestic noise

• parties or other entertainment

• pubs, clubs and entertainment venues

• building and DIY work at unreasonable times of the day

• constant dog barking

• car and burglar alarms.

We do not deal with noise from ordinary domestic activities or where there is poor sound insulation.

What you can do We provide a rapid response service at night, operating:

Sunday to Thursday evenings: 10pm - 3am Friday and Saturday evenings: 10pm - 5am Tel: 020 7926 5999

You can also report noise disturbances during normal office hours, Monday to Friday: 9am to 5pm. Tel: 020 7926 6111

You can also use the complaint about noise form.

What we can do When you call our night-time telephone hotline, the operator will take the details of your complaint and pass them on to Noise Service officers, who will call you back and make arrangements to visit your home as soon as possible.

They will need to assess the level of the noise from inside your home.

If it's loud enough to be considered a statutory nuisance, the Noise Service officers will visit the person making the noise and ask them to turn it down or turn it off altogether.

The person making the noise will not be told who has made a complaint about them. Abatement notice If the noise does not stop or it is not reduced, the officer can serve a legal notice (an abatement notice) on the person responsible for the noise telling them that they are committing an offence if they ignore the notice.

If this doesn't work, the person responsible for the noise may be taken to court and fined up to £5,000.

For noise problems that persist, the council can also apply for a Warrant of Entry which allows officers to seize noise-making equipment used by the perpetrator.

We take noise nuisance seriously It's our policy to prosecute people who do not co-operate in reducing noise when asked.

People who are taken to court for committing serious noise nuisance may:

• get a criminal record

• be fined up to £5,000

• be evicted from their home if they are a council tenant. Enforcement policy We have published our policies on enforcement which you can download.

Enforcement policy for noise and pollution control

What other action can I take? In some circumstances we may be unable to get sufficient evidence to be able to take action on behalf of an individual who has made a complaint.

Should this happen, you can take independent action by complaining direct to the Magistrates' Court under section 82 of the Environmental Protection Act 1990.

This is quite simple and need not cost much; you do not need to employ a solicitor, but is advisable to obtain some legal advice.

Download our step-by-step guide on how to take your own legal action .

Are there alternatives to legal action? We have a partnership with an independent mediation service who can help resolve disputes between neighbours.

What about noise from outdoor music events? Lambeth has produced Guidance on the control of noise at outdoor events . This guidance provides event organisers, sound engineers, noise consultants, residents and other interested parties with information on acceptable noise levels at outdoor events held at Brockwell Park, Kennington Park, Clapham Common and Streatham Common.

What about noise from construction sites? Construction sites are a common source of noise pollution.

Lambeth Council has drafted clear, simple guidance for building contractors designed to minimise disruption and noise. Phone Environmental Health on 020 7926 6111 for a copy of the guidance . Briefly, the guidance recommends that contractors (and subcontractors) should inform local residents prior to work commencing and they should provide contact details.

The guidance also specifies that noisy construction work should normally take place between the following hours:

• Monday-Friday, 8.00am - 6.00pm

• Saturdays, 8.00am -1.00pm

• Sunday/Bank Holidays: No noisy activities What about noise from aircraft? • The council's powers do not extend to noise from aircraft.

• The council has supported campaigns to limit further development at Heathrow and to stop night flights.

• The British Airports Authority operates a 24hr noise line on which you can report noisy aircraft. The number is 0800 344844.

You may also wish to contact the campaign group Heathrow Association for Control of Aircraft Noise (HACAN) on 020 8876 0455 or visit their website at www.hacan.org.uk

Consultations regarding airports and aircraft movements The Government has recently consulted about proposals to expand Heathrow Airport and National Air Traffic Services (NATS) has consulted regarding proposed changes to flight paths over London.

• Read Lambeth Council responses to consultations regarding airports and aircraft movements Burglar alarms and keyholders Under the London Local Authority Act 1991, all properties with an audible alarm must be registered with the police.

Keyholder information stored at local police stations is no longer in use. If you are registered you must now register your premises on a new system.

For further information and to register online please visit the official Metropolitan Police Database website.

Our service standards • During operational hours of both the daytime and night time response service we aim to respond to 80% of complaints about noise nuisance within one hour.

• Complaints requiring ongoing investigation will be allocated to an enforcement officer who will contact you within 5 working days. We aim to respond to 90 per cent of ongoing complaints within 5 working days. • Your complaint will be dealt with confidentially and we will not disclose your identity or give out your personal details to the person making the noise.

• We aim to answer 90 per cent of our public contact telephone numbers within 15 seconds. Who to contact You can contact us by phone or email or by visiting our offices.

Environmental Health 2 Herne Hill Road London SE24 0AU Night-time telephone hotline: 020 7926 5999 (10pm-3am Sunday-Thursday and 10pm-5am Friday and Saturday) Day-time telephone: 020 7926 6111 (9am-5pm) Fax: 020 7926 6150 Email: [email protected]

Top of Page

Who to contact Environmental Health 2 Herne Hill Road London SE24 0AU Night-time telephone: 020 7926 5999 Day-time telephone: 020 7926 6111

• Operating hours for telephone calls

• noise @lambeth.gov.uk Forms and self service • Complaint about noise Useful information • Code of practice for construction sites

• Guidance on the control of noise at outdoor events